1976 (8) TMI 167

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....trivial act under Sec. 95 of Indian Penal Code for which no criminal proceedings could be taken. There were proceedings under Section 107 between the parties and both parties applied for copies of these proceedings on the 20th December, 1965. It is alleged in the complaint that the appellant got the copy which was meant for the complainant, by signing his name. The complainant also got his copy a few days after eventually. Such a small matter could have been resolved by the Magistrate himself if he had persued the complaint carefully and was certainly not a, matter for which a detailed inquiry under section 202, Code of Criminal Procedure, 1908 was called for. It appears, however, that the Magistrate tossed the complaint from one Magistrate....

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....gistrate had no jurisdiction to recall the order dated 23-11-1968, by which he had dismissed the complaint under Section 203 of the Code of Criminal Procedure. In fact, there was no express order recalling the order dismissing the complaint, but by a process of deeming fiction the Magistrate thought that the order dismissing the complaint stood recalled. We might mention that the order dated 23^rd November, 1968 was a judicial order by which the Magistrate had given full reasons for dismissing the complaint. Even if the Magistrate had any jurisdiction to recall this order, it could have been done by another judicial order after giving reasons that he was satisfied that a case was made out for recalling the order. We, however, need not di....