SUNAIR HOTELS LTD Vs. STATE

JUDGEMENT

(1.) This petition under Section 482 and 483 of the Code of Criminal Procedure, 1973 impugns the order dated 27th April, 2010 passed by the learned ACMM, which reads :-

(2.) In view of the decision of the Adalat Parshad v. Roop Lal Jindal, 2004 7 SCC 338, the trial court has no power to recall the summoning order. This is the correct position in law.

(3.) Learned counsel for the petitioner submits that he should be permitted to challenge the summoning order before this Court or the Metropolitan Magistrate should reconsider and re-examine the summoning order.