Adalat Prasad Vs. Roop Lal Jindal ( 2004) 7 SCC
338 and Subramanium Sethuraman Vs. State of
Maharashtra 2005 SCC (Crl.) 242. The counsel further ... Supreme Court's decision in the
case of Subramanium Sethuraman (supra),
there is no question of discharge under Chapter
XX insofar
Criminal Revision Case No. 765/2019, while relying on
Subramanium Sethuraman (supra) held that since the offences are
triable as per summons procedure ... VAISHALI PRUTHI
Signing Date:04.11.2025
19:05:20
Prasad and Subramanium Sethuraman have interpreted the law
correctly. The relevant paragraphs read thus
which reads as follows:
"While it is true that in Subramanium Sethuraman v.
State of Maharashtra this Court observed that once the plea ... issuance of process. As
held in Adalat Prasad (supra) and Subramanium Sethuraman (supra),
the Magistrate is deluded with the power to revisit the order
Supreme Court's decision in the case of Subramanium Sethuraman (supra), there is no question of discharge under Chapter XX insofar ... declared by the Supreme Court in the case of Subramanium Sethuraman (supra). This is an error which needs to be corrected and therefore, these
Adalat Prasad was approved
by a three Judge Bench decision in Subramanium Sethuraman, and the
Crl.M.C. 2011/2007 Page ... rejected. Para 14 of the report of the Supreme Court in Subramanium
Sethuraman is extracted hereunder:-
"14. In Adalat Prasad case this Court
others , 2004 (7) SCC, 338, and in the case
of Subramanium Sethuraman vs. State of Maharashtra and
another ... case of Adalat Prasad
(Supra) nor in the case of Subramanium Sethuraman (Supra),
Hon'ble Apex Court has considered the question
Rooplal Jindal and Ors. 113 (2004) DLT 356 (SC) and Subramanium Sethuraman v. State of Maharashtra and Anr. 2004 (4) Crimes ... supra), that he cannot recall the process. The Supreme Court in Subramanium Sethuraman v. State of Maharashtra (supra), held that the only course available
Magistrate. This view was reiterated by
Supreme Court in Subramanium Sethuraman v. State of
Crl. M.C. Nos. 3693/2009, 3200/2009, 3678/2009
decision of the Apex Court in the case of Subramanium Sethuraman v. State of Maharashtra and Anr. ((2005 SCC (Crl) 242) and submitted that ... what the Apex Court has held in the case of Subramanium Sethuraman (supra) that "The case involving a summons case is covered
Supreme Court in Adalat Prasad (supra) is reiterated in Subramanium
Sethuraman vs. State of Maharashtra
