HIMANGSU KUMAR BASU Vs. SUDHANSU KUMAR BASU
LAWS(CAL)-1994-11-20
HIGH COURT OF CALCUTTA
Decided on November 28,1994

BHAGWAN DAS Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.)This revision petition has been filed against the Judgment and order slated 22.6.1994 passed by the Chief Judicial Magistrate, Agra in Case No.228 of 1994 State V/s. Ramesh Chandra and others under Sec.498-A I. P. C. Police Station Chhatta, District Agra, by which he has summoned the applicants under Sec.498-A I. P. C.
(2.)The main question which arises in this case is whether a criminal revision is maintainable against this summoning order, which according to the decision of the Court in the case of Kailash Choudhari and others V/s. State of U. P. and another, is in the shape of an interlocutory order and no revision is maintainable against such an interlocutory order. In the decision after analysing; the entire case law and the provisions of Sec.204 Cr. P. C. this Court has held that the order issuing process under Sec.204 Cr. P. C. is an interim order and not a judgment and that order can be varied, rescinded or recalled by the Magistrate and the proceedings dropped if a complaint on the very face of it, does not disclose any offence against the accused. Therefore, Sec.397 (2) Cr. P. C. would create express bar to interfere in revision against an interlocutory order. The accused must be relegated to his remedy only under Sec.204 Cr. P. C. to approach the Magistrate and satisfy him that the process in the case ought not to have been issued and if the Magistrate is so satisfied he may recall the order issuing the process under Sec.204 and dismiss the complaint under Sec.203 Cr. P. C.
(3.)In view of this judicial dictum of this Court this revision petition is not maintainable against this impugned order. However, the applicant can approach the Magistrate concerned and satisfy him by moving an application in this regard that the processes in the case ought not to have been issued and if the Magistrate is so satisfied he may recall the order issuing the process under Sec.204 Cr. P. C. and dismiss the complaint under 5 Sec.203 Cr. P. C. Needless to say that in case the applicants adopt this procedure the Magistrate concerned shall dispose of that plea of the applicants expeditiously.


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