Subramanium Sethuraman vs State Of Maharashtra & Anr on 17 September, 2004
28. A preliminary objection with respect to maintainability of the
petition has been pressed. It is contended that the proceedings that led
to the framing of Notice were admittedly based on the procedure
prescribed for trial of summons cases by Magistrates under Chapter
XX of the CrPC and it is well-settled that no detailed arguments could
be led at the stage of notice, which was considered to be a formal
process and there is no scope for an order akin to discharge at the
stage when notice was framed against the accused under Section 251
of the CrPC. Reliance is placed upon Subramanium Sethuraman v.
State of Maharashtra and Anr., (2004) 13 SCC 324.