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Mar 30, 2009

CrPC-Sec 204 Subramanium Sethuraman v. State of Maharashtra, 2005(1) Apex Criminal 30 the question arose for consideration was when process was issued under Section 204 Cr.P.C. what is the remedy available against the same. It was held that issuance of a process under Section 204 Cr.P.C. is a preliminary step in trial contemplated in Chapter 20 (Sections 251 to 259) of the Code of Criminal Procedure and is, therefore, an interlocutory order which cannot be reviewed, reconsidered or recalled by the Magistrate, there being no provision therefor in the Code. The remedy available to an aggrieved accused is the extraordinary remedy under Section 482 and not by way of application to recall the summons or to seek discharge, the latter not being contemplated in trial of a summons case.

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