Supreme Court · 2013 INSC 780 · Decided 25 November 2013
Devendra Kishanlal Dagalia v. Dwarkesh Diamonds PVT. LTD. and ORS.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 780 · [2013] 17 S.C.R. 380
- Case number
- CRIMINAL APPEAL No. 1997/2013
- Decided
- 25 November 2013
- Bench
- S. J. MUKHOPADHAYA, V. GOPALA GOWDA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 201, 204, 482; Constitution Article 227; NI Act Section 138
Headnote
Code of Criminal Procedure, 1973 - ss.201, 204 & 482 C - Power of the Magistrate to recall process of summons - Held: Once decision is taken and summons is issued, in absence of power of review including inherent power to do so, remedy fies before the High Court Art. 227 of the Constitution and not before the Magistrate - Once D the Magistrate taking cognizance of an offence forms his opinion that there is sufficient ground for proceeding and issues summons u/s.204 CrPC, there is no question of going back following the procedure u/s.201 CrPC - In
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