Supreme Court · 2008 INSC 999 · Decided 29 August 2008
Bholu Ram v. State of Punjab & ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 999 · [2008] 12 S.C.R. 959
- Case number
- CRIMINAL APPEAL No. 1366/2008
- Decided
- 29 August 2008
- Bench
- C.K. THAKKER, D.K. JAIN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 409, 420, 467, 468, 471; CrPC Section 319, 197, 482
Headnote
.. ~ ~~ Code of Criminal Procedure, 1973: ss. 319, 197 and 482 - Recalling order of issuance of summons against person other than accused -·Permissibility c of- Held: Order passed by competent court issuing summons cannot be recalled - Aggrieli'ed party can challenge the order by invoking facts, Revisional Court and High Court not justified in recalling summoning order passed by Magistrate against Head Master- D cum-Drawing and Disbursing Officer other than accused-clerk in Government School - Accused in a complaint alleging forgery and cheating, filed application to add
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