Report No. 141

2.3 Absence of power.-

We shall deal later in detail with the case law on the relevant sections of the Code. For the present purpose, it is sufficient to say that broadly speaking, at the present day by virtue of a judgment pronounced in 1986 by the Supreme Court, it would appear that a court cannot restore a criminal case dismissed for default. Although the judgment of 1986 in A.S. Gauraya v. S.N. Thakur, (1986) Cri LJ 1074 (SC): 1986 (2) SCC 709 was concerned with dismissal for non-appearance by the complainant, the following dicta occurring in the judgment [(1986) Cr LJ 1074 (1076), right hand column, para 101 should be noted:-

"So far as the accused is concerned, dismissal of a complaint for non-appearance of the complainant or his discharge or acquittal on the same ground is a final order and in the absence of any specific provision in the Code, a Magistrate cannot exercise any inherent jurisdiction."