BINDESHWARI PRASAD SINGH versus KALI SINGH

BINDESHWARI PRASAD SINGH versus KALI SINGH

A Magistrate has no jurisdiction to recall or review an order of dismissal made under section 203 of the Code of Criminal Procedure, 1908, and such recall is without jurisdiction; an application for recalling such an order does not ipso facto amount to a fresh complaint unless a special case on fresh or previous facts is made out.

Parties
Appellant: Bindeshwari Prasad Singh; Respondent: Kali Singh
Jurisdiction
India
Judgment Date
05 August 1976
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Patna High Court Judgment and Order Dated 28 7 75 in Criminal Revision No. 1046 of 1972
Outcome
Appeal allowed
Legal Topics
Jurisdiction of Magistrate, Dismissal of Complaint, Recall of Order, Second Complaint
Criminal Law Jurisdiction of Magistrate Dismissal of Complaint Recall of Order Second Complaint

Case Brief

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Parties

Bindeshwari Prasad Singh

Appellant

Kali Singh

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Patna High Court Judgment and Order Dated 28 7 75 in Criminal Revision No. 1046 of 1972

Legal Issues

  1. 1 Whether a Magistrate has jurisdiction to recall an order of dismissal made under section 203 of the Code of Criminal Procedure, 1908
  2. 2 Whether an application for recalling a dismissal order amounts to a fresh complaint

Ratio Decidendi

A Magistrate has no jurisdiction to recall or review an order of dismissal made under section 203 of the Code of Criminal Procedure, 1908, and such recall is without jurisdiction; an application for recalling such an order does not ipso facto amount to a fresh complaint unless a special case on fresh or previous facts is made out.

Court Disposition

Appeal allowed

Orders

  • The order of the High Court maintaining the order of the Magistrate dated 3-5-1972 is set aside.
  • The order of the Magistrate dated 3-5-1972 summoning the appellant is quashed.