Supreme Court of India · 2004-08-25
ADALAT PRASAD vs ROOPLAL JINDAL .
- Citation / case number
- SC 2000/6548
- Court
- Supreme Court of India
- Petitioner
- ADALAT PRASAD
- Respondent
- ROOPLAL JINDAL .
- Author
- SANTOSH HEGDE
- Bench
- N. SANTOSH HEGDE, S.B. SINHA & A.K. MATHUR
Judgment text excerpt
The Supreme Court addressed the issue of whether a Magistrate has the power to recall a summons issued under Section 204 of the Code of Criminal Procedure (Cr.P.C.). The Court held that the trial court erred in recalling the summons as it lacked jurisdiction to review its own order, thereby affirming the High Court's decision to set aside the trial court's order. The judgment clarified the interpretation of Section 204 Cr.P.C. and its implications for the issuance of summons in criminal proceedings.