Revision petition of summons
madhav pande
(Querist) 16 July 2015
This query is : Resolved
The Metropolitan Magistrate has issued a summons order to the accused on my complaint. After appearing in court for a few hearings Accused has filed a Revision petition of summons order in Magistrate court & matter is scheduled for hearing next week.
I have been told by my lawyer that a magistrate rarely cancels a summons. Is this correct?
Kiran Kumar
(Expert) 16 July 2015
As per law settled by the Hon'ble SC of India, a Magistrate cannot review its own order.
Once Magistrate has issued process, the accused will have to appear.
Though Magistrate may discharge or acquit accused later on.
Wait for the orders of Sessions Court in revision petition.
Rajendra K Goyal
(Expert) 17 July 2015
Same court does not cancel its own orders.
