Magistrate issuing summons under CrPC can’t recall or review the order: SC

The Supreme Court of India clarified that a Magistrate, after having found sufficient ground for proceeding in case and issuing summons under Section 204 Criminal Procedure Code (“CrPC”), has no jurisdiction to recall or review the order by exercising its power under Section 201 CrPC.
The Court said once the Magistrate taking cognizance of an offence forms his opinion that there is sufficient ground for proceeding and issues summons under Section 204 CrPC, there is no question of going back following the procedure under Section 201 CrPC.
In the absence of a power of review including inherent power to do so, remedy lies before the High Court under Section 482 CrPC or under Article 227 of the Constitution of India and not before the Magistrate, the Court said.

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