Subramanium Sethuraman vs State Of Maharashtra & Anr on 17 September, 2004
Equivalent citations: AIR 2004 SUPREME COURT ... Sinha , Tarun Chatterjee
CASE NO.:
Appeal (crl.) 1253 of 2002
PETITIONER:
Subramanium Sethuraman
RESPONDENT:
State of Maharashtra & Anr.
DATE OF JUDGMENT
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
have the power to recall process. In the case of Subramanium Sethuraman, the observations in the case of Adalat Prasad have been quoted ... line in paragraph 16 of Adalat Prasad or even Subramanium Sethuraman cannot be divorced from the context of the question under consideration and treated
2019 05:06:33 :::
Cri. WP-1727-2017.doc
i) Subramanium Sethuraman Vs. State of
Maharashtra and Anr.3
ii) Lata Pramod Dave ... complainant before the
Apex Court, in the case of Subramanium Sethuraman (Supra) was
that the case in hand was triable as a summons case
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
Adalat Prasad Vs. Rooplal Jindal , 2004 7 SCC 338 and Subramanium
Sethuraman (Supra), but the Hon'ble Supreme Court in para ... Supreme Court upholding the ratio laid down
in Subramanium Sethuraman (Supra) impliedly over rules the decision in
Urrshila Kerkar (Supra). All other views contrary
Adalat Prasad Vs. Rooplal Jindal , 2004 7 SCC
338 and Subramanium Sethuraman (Supra), but the Hon'ble
Supreme Court in para ... Supreme
Court upholding the ratio laid down in Subramanium
Sethuraman (Supra) impliedly over rules the decision in
Urrshila Kerkar (Supra). All other views, contrary
Magistrate. Additionally, the Hon'ble
Supreme Court of India in Subramanium Sethuraman vs State of
Maharastra & Anr. Appeal (Crl.) No. 1253/2002 ... judgments of this Court in
Adalat Prasad (supra) and Subramanium Sethuraman
(supra) would show that they do not warrant any
reconsideration. The Trial Court
Supreme Court of India in " Subramanium Sethuraman Vs. State of
Maharashtra ", ( 2004) 13 SCC 324 and Adalat Prasad Vs. Rooplal
Jindal ... been discussed at length. The
Hon'ble Apex Court in Subramanium Sethuraman (supra) specifically
reiterated that once plea of guilt of the accused
take the
trial to its logical conclusion."
Relying upon Subramanium Sethuraman 's case (supra) our
Hon'ble High Court in Asia ... case. The Supreme Court's
decision in the case of Subramanium Sethuraman
(supra) is quite clear on this aspect and has
categorically held
