Magistrate power to recall or review its own order?

Querist : Anonymous (Querist) 31 July 2024 This query is : Resolved
Magistrate has passed an order of Closing Prosecution evidence after giving enough opportunities to complainant for coming as PW but he failed to come and same resulted in prosecution evidence closure.
Can magistrate recall or review this order on application by complainant for recalling complainant as witness ?
Or
Same is not permissible under law

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Quick Summary

This discussion explores whether a magistrate can recall or review an order they've made, specifically when prosecution evidence has been closed due to the complainant's failure to appear. While magistrates generally cannot recall or review their own orders in criminal cases, unlike civil courts which have inherent powers under Section 151 CPC, there's a possibility to set aside a closure order if the prosecution applies to reopen evidence and recall a witness. The key question remains whether such an application has been made.

T. Kalaiselvan, Advocate (Expert) 31 July 2024
If an application is filed by the prosecution side i.e., by the public prosecutor in the criminal case to reopen the prosecution evidence and recall the witness for deposition of evidence, the court can set aside the earlier order and allow the witness to continue with the deposition of evidence on merits, there is no legal infirmity in it.

Advocate Bhartesh goyal (Expert) 01 August 2024
In criminal cases, Magistrate can not recall or review his own order but in civil cases court has inherent power u/ sec 151 CPC to recall own order.

P. Venu (Expert) 01 August 2024
Has the prosecution or the de-facto complainant sought reopening of evidence?

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