Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Summoning order Criminal Trial |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Criminal Trial - Summoning order - Nature of - How to C construe order passed by a Magistrate in exercise of its power u/ss. 200 and 202 CrPC when it decides to issue process as against the accused - Whether such an order could be the subject matter of challenge by way of revision u!s. 397 CrPC - Held: The order issued by the Magistrate deciding to summon an accused in .exercise of his power u/ss. 200 to 204 CrPC would be an order of intermediatory or quasi-final in nature and not interlocutory in nature - In view of the said position viz., such an order is intermediatory order or quasi final order, the revisionary jurisdiction provided u/s.397 CrPC, either with the District Court or with the High Court can be worked out by the aggrieved party·- Such an order of a Magistrate deciding to issue process or summons to an accused in exercise of his power u/ss. 200 to 204 CrPC, can always be subject matter of challenge under the .inherent jurisdiction of the High Court u/s. 482 CrPC -·Code of Criminal Procedure, 1973 - ss. 200 to 204, 397 and 482. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2013 INSC 714 |
Petitioner | Urmila Devi |
Respondent | Yudhvir Singh |
SCR | [2013] 16 S.C.R. 542 |
Judgement Date | 2013-10-23 |
Case Number | 1822 |
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