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Report No. 141

3.17. Supreme Court case of 1977.-

In Bindeshwari Prasad Singh v. Kali Singh, AIR 1977 SC 2432 (decided in 1977), the Supreme Court held:-

"there is absolutely no provision in the Code of Criminal Procedure of 1898 (which applies to this case) empowering a Magistrate to review or recall an order passed by the Code of Criminal Procedure does contain a provision for inherent power, namely section 561A which, however, confers these powers on the High Court and the High Court alone. Unlike section 151 of Civil Procedure Code the subordinate Criminal Courts have no inherent powers. In these circumstances, therefore, the learned magistrate had absolutely no jurisdiction to recall the order dismissing the complaint. The remedy of the respondent was to move the Sessions Judge or the High Court in revision.

In fact, after having passed the order dated 23-11-1968, the Sub-divisional Magistrate became funcho officio and had no power to review or recall that order, on any ground whatsoever. In these circumstances, therefore, the order, even if there be one, recalling the order dismissing the complaint, was entirely without jurisdiction. This being the position, -all subsequent proceedings following upon recalling the said order, would fall to the ground, including order dated 3-5-1972 summoning the accused, which must also be treated to be a nullity and destitute of any legal effect. The High Court has not at all considered this important aspect of the matter, which alone was sufficient to put an end to these proceedings."

Need for amending the Law as regards to the Power of Courts to Restore Criminal Revision Applications and Criminal cases dismissed for Default in Appearance Back

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