Recall of process barred once Magistrate issues process; same court cannot review or recall the order.

An application seeking recall of process issued by a Magistrate was held not maintainable because the same court has no power to review or recall an order issuing process under criminal procedure. Since the recall request itself was incompetent in law, the challenge to the issuance of process could not be examined on merits at that stage, and the petition failed.

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Issues: Whether an application seeking recall of process issued by the Magistrate under Section 204 of the Code of Criminal Procedure, 1973 was maintainable.

Analysis: The application sought recall of an order issuing process. The governing principle applied was that once process has been issued, the court issuing it has no power to review or recall that order. As the application itself was not maintainable in law, the challenge to the order of issuance of process could not be entertained on merits at that stage.

Conclusion: The application for recall of process was not maintainable and the petition was liable to fail.

Ratio Decidendi: An order issuing process cannot be recalled by the same court, and an application seeking such recall is not maintainable.

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