Setting aside summons of magistrate in criminal revision

madhav pande (Querist) 28 November 2015 This query is : Resolved
I have filed criminal complaint in court of magistrate who has issued summons against accused who has appealed in criminal revision in sessions court. My lawyer has confirmed that session court has to uphold summons & cannot cancel same. Kindly give your opinion. Also is it possible for sessions court to set aside summons only and not complaint itself.

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SAINATH DEVALLA (Expert) 28 November 2015
Ask UR lawyer to go through the case of adalat prasad vs rooplal jindal and others AIR 2004 SC 4674

Rajendra K Goyal (Expert) 28 November 2015
Full case file need to be referred, discuss with your lawyer.

V R SHROFF (Expert) 28 November 2015
AS NO FACTS; UR LAWYER CAN SUGGEST U

K.S.Srinivas (Expert) 06 December 2015
In the absence of any review power or inherent power with the subordinate criminal courts, the remedy lies in invoking Section 482 of Code.

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