Legal Question in Criminal Law in India

Re: CrPC

You did not specify the nature of case i.e. whether it is a Warrant Case or Summons Case. For an appropriate answer, please specify complete details like nature of case, whether a private or a police case, stage of the case etc.

Re: CrPC

It is advisable to move an application for discharge before court who issued the process and after order on application if necessity arise then challenge the same by way of revision in session court.

Re: CrPC

NO,

Kindly peruse 2005 S.C.C.(Cri) 242 /2004Cr.L.J.SC4609 {Subramanium Sethuraman VS State of Maha.}

Issuance of process under S.204 is a preliminary step in trial contempleted in Ch.20 Cr.P.C.and is therefore an interlocutory order-Same can not be reviewed, reconsidered or recalled by the magistrate, there being no provision therefor in the code-The only remedy available to an aggrieved accused is the extraordinary remedy under sec 482 and not by way of application to recall the summons or to seek discharge.

Re: CrPC

you should specify the offence so that we can come to know that it is a summons or warrant case. if it is cheque bouncing case you should approach sessions court by way of revision otherwise if you have lost the time then you can apply for discharge before trial court if it is not cheque bouncing case.