Criminal Procedure Code, 1973
Sections 227 & 482—Order dismissing discharge application—Challenged—Case registered under Section 363, 366 & 376 of IPC—Petitioner has been summoned under Section 319 CrPC for the reason that the prosecutrix had leveled specific allegation against petitioner while recording her statement under Section 167 CrPC during course of investigation—Accused summoned under Section 319 of CrPC are entitled to invoke the remedy under the law against an illegal and improper exercise of power under Section 319 CrPC but that cannot have the effect of the order being undone by seeking a discharge under Section 227 of CrPC—A person who is summoned under Section 319 of CrPC cannot avail the remedy of discharge under Section 227 of CrPC—No infirmity or illegality found in impugned order—Petition dismissed. [Jogendra Yadav v. State of Bihar, 2015 All MR (Cri) 3707 (SC), relied on]
[Paras 13 & 14]