Recall of summons after process issuance is impermissible absent statutory power; remedy lies in inherent jurisdiction.

Once a Magistrate has issued process under Section 204 CrPC, the order cannot be recalled on an accused's application because the Code provides no review power at that stage. The pre-process inquiry under Sections 200, 202, 203 and 204 is confined to deciding whether sufficient ground exists to proceed, and the accused has no right of hearing before process is issued. If the summons order is illegal or without jurisdiction, the appropriate remedy is recourse to the inherent powers of the High Court under Section 482 CrPC. The earlier view permitting recall without a statutory basis was stated to be incorrect.

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Issues: Whether a Magistrate who has issued process under Section 204 of the Code of Criminal Procedure, 1973 can recall that summons on an application by the accused, and whether the earlier view that such recall is permissible without any specific provision of law lays down the correct law.

Analysis: The statutory scheme in Sections 200, 202, 203 and 204 of the Code of Criminal Procedure, 1973 shows that the Magistrate decides whether there is sufficient ground for proceeding at the pre-process stage, after examination of the complainant and witnesses and, where necessary, inquiry under Section 202. The accused has no right of hearing at that stage. Once the Magistrate proceeds to issue process under Section 204, the Code does not contemplate a review of that order by the Magistrate, and a subordinate criminal court has no inherent power to recall it. If the order issuing process is illegal or without jurisdiction, the appropriate remedy lies under Section 482 of the Code of Criminal Procedure, 1973.

Conclusion: The Magistrate has no power to recall summons issued under Section 204 on an application by the accused, and the earlier view permitting such recall without a specific statutory basis was held to be incorrect.

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