In Brief
The Supreme Court allowed two criminal appeals arising from dismissal of petitions to quash criminal proceedings. The High Court had rejected the petitions on the ground that summoning orders are revisable under Section 397 CrPC, making Section 482 CrPC proceedings unmaintainable. The Supreme Court disagreed, holding that Section 482 CrPC power to quash proceedings is always available. The Court found the Magistrate had violated the mandatory requirement under Section 202(1) CrPC to hold an inquiry before issuing process against accused persons residing outside the trial court's jurisdiction. The Court quashed the proceedings and the summoning order."
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