CrPC- Sec 204 Adalat Prasad v. Rooplal Jindal, (SC) 2004(7) JT 243 “If we analyse the reasons given by this Court in the said case of Mathew then we notice that the said view is based on the following facts : (a) The jurisdiction of the Magistrate to issue process arises only if the complaint contains the allegations involving the commission of a crime; (b) If the process is issued without there being an allegation in the complaint involving the accused in the commission of a crime it is open to the summoned accused to approach the court issuing summons and convince the court that there is no such allegation in the complaint which requires his summoning; (c) For so recalling the order of summons no specific provision of law is required; (d) The order of issuing process is an interim order and not a judgment hence it can be varied or recalled. It is true that if a Magistrate takes cognizance of an offence, issues process without there being any allegation against the accused or any material implicating the accused or in contravention of provision of Sections 200 & 202, the order of the Magistrate may be vitiated, but then the relief an aggrieved accused can obtain at that stage is not by invoking Section 203 of the Code because the Criminal Procedure Code does not contemplate a review of an order. Hence in the absence of any review power or inherent power with the subordinate criminal courts, the remedy lies in invoking Section 482 of Code.”