Ambiguity in Law
I have a simple question to the learned people of this forum. Can a Magistrate amend, modify, vary or recall its own interim order in a Criminal case. Under CPC it is clearly mentioned under Order 47 Rule 1 that Magistrate can vary or recall its interim civil orders. But my question is specific to Criminal cases.
Section 369 of CrPC says that a Magistrate cannot vary or recall its order. But that is applicable to final orders or Judgments. What about Interim Orders?
CrPC is dated 1973 but since then, to the best of my knowledge, neither Supreme Court has given any ruling clarifying this issue, nor Legislative has bothered clarifying the matter by amending CrPC and therefore, advocates and parties are taking undue advantage.
If the learned members of this forum are aware of any such Law, Rule or Supreme Court Judgments, which says that a Magistrate can vary or recall its interim order in Criminal cases, please let me know. more
Section 369 of CrPC says that a Magistrate cannot vary or recall its order. But that is applicable to final orders or Judgments. What about Interim Orders?
CrPC is dated 1973 but since then, to the best of my knowledge, neither Supreme Court has given any ruling clarifying this issue, nor Legislative has bothered clarifying the matter by amending CrPC and therefore, advocates and parties are taking undue advantage.
If the learned members of this forum are aware of any such Law, Rule or Supreme Court Judgments, which says that a Magistrate can vary or recall its interim order in Criminal cases, please let me know. more
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Dear Mr. UDAY GB. Certainly, application is to be filed for review. But the point is, under which Law the Magistrate can review its interim orders on application, in Criminal cases. Is this authority of Magistrate well documented (e.g. in CrPC) or please share if you are aware of any Supreme Court verdict on the subject matter. In absence of either of two, ambiguity persists. more
May 28
Dear Mr. UDAY GB, Magistrate cannot recall Warrant. Either, appeal can be done against that order or Bail can be applied for. more
May 28
Dear Mr. SANKARANARAYANAN K, The SC verdict referred is self explanatory to the effect, so to state and Quote that : Unless the judgment is signed and sealed, it is not a judgment in strict legal sense and therefore, in exceptional circumstances, the order can be recalled and altered to a certain extent. In the present/ongoing discussion the Order (even to the effect of interim) is pronounced and delivered. Hence the concern Court Can't "amend, modify, vary or recall its own Order" more
May 27
The NBW in 138 N.I. Act is also NOT recalled unless the Accused represent to the effect by Application for cancellation of NBW. Court can't go on somoto OR on it's own. more
May 27
