Supreme Court of India
Devendra Kishanlal Dagalia v. Dwarkesh Diamonds Pvt. Ltd. and Ors.
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From the headnote
Code of Criminal Procedure, 1973 - ss.201, 204 & 482 - 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 uls.482 CrPC or under Art. 227 of the Constitution and not before the Magistrate - Once 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 absence of any power of
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