Recall of process.
DEFENSE ADVOCATE.-firmaction@g
(Querist) 21 March 2009
This query is : Resolved
There is no specific provision for recall of process in a criminal case by the same Court which has issued it.
What is the procedure for recall / cancellation of process once issued and what is the latest case law in the matter.
sanjay singh thakur
(Expert) 21 March 2009
Sir,
You will have to file a Quashing in the concerned High Court of your State to recall and cancellation of process once issued.
Regards.
PALNITKAR V.V.
(Expert) 22 March 2009
You may file revision before Sessions Court also u/s 397 Cr.P.C.
B.B.R.Goud.
(Expert) 23 March 2009
yes, i do agree with Mr Palnitkar.
A. A. JOSE
(Expert) 23 March 2009
Mr.Palnitkar has rightly answered to the question and I thank him.
DEFENSE ADVOCATE.-firmaction@g
(Querist) 26 March 2009
The matter of this querry arose because in one of my cases opponent filed an application for recall of process and produced an old citation is support.
FRIENDS THE REPLY POSTED BY SHRI SANJAY SINGH THAKUR IS ONLY CORRECT LAW.
No revision lies in the matter before the sessins court and same court do not have any power to recall the process once issued.
After efforts I have the relevant case law in the matter which is authority and quoted in other judgments :
In K.M. Mathew vs State of Kerala 1992 ( 1 ) SCC 217 it was decided that same court can recall process.
This was set aside in Adalst Prasad vs Rooplal Jindal 2004 ( 7 ) SCC 338. And this is the law now .
The matter was further dealt in depth in the criminal appeal no 1366 of 2008 by the Honble Supreme Court ; decided on 29th Aug 2008. Reportable case still to be published.
