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Anil Agrawal (Retired)     07 August 2009

Power of magistrate

 Does a magistrate have inherent power to review his own decision or that of his predecessor? If he does, is the only remedy available to go to High Court?



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 8 Replies

R.R. KRISHNAA (Legal Manager)     07 August 2009

Yes every judicial authority (also a tribunal or forum) has the power to review its own decisions.  There are many judgments on this legal point.  Any error or impropriety or mistake can be rectified by the magistrate or judge even on its own motion if it comes to know that a mistake has occured.  There is no need to go to high court.  The affected party can file a application or petition pointing out the mistake before the magistrate.  It is the duty of the magistrate to rectify the mistake done by him or even done by his predecessor.

Needless to say again that there are even supreme court judgments to this effect.

Anil Agrawal (Retired)     07 August 2009

 I am sorry that I have not made myself abundantly clear on this issue. It is not the question of clerical mistake apparent on face of the record. It is a question of review that substantially changes and alters the character of the decision.

R.R. KRISHNAA (Legal Manager)     07 August 2009

There lies no review before a magistrate.  The aggreived has to approach only sessions court for any grievance.

Kiran Kumar (Lawyer)     07 August 2009

Anil Ji, as far as inherent powers in criminal law are concerned....these are not available with the MAGISTRATE OR SESSIONS COURT....for details pls read S.482 Cr.P.C

u can have reference to (1986)2 SCC 709

 

now ur second question whether a Magistrate can review its own order....the answer is NO

 

this point has been interpreted by SC in Adalat Parsad v/s Roop Lal Jindal's case reported as AIR 2004 SC 4674; 2004(7) SCC 338

 

and both these judgments i ve mentioned have not been overruled till now.

Anil Agrawal (Retired)     07 August 2009

 Thanks. I have read Adalat Prasad's judgement. The question is : are the magisrates sufficiently trained, qualified and competent to dispense justice? I am facing a case where the order of the predecessor magistrate has been overturned. Not only overturned, the review order makes pointed reference to the predecessor magistrate's order. Law gives us liberty to go to Sessions or High Courts, but, is it a practical preposition for all us? But that the system whether we like it or not? 

Mrs. Hetal Sunil Shah (Advocate)     07 August 2009

yes all magistrate have inherient powers and they review, reconsider their decision and redecide in the matter but reasons should be specifically given.

Dharmesh Manjeshwar (Advocate/Lawyer)     10 August 2009

Adv. Kiran Kumar Ji has spelled it out perfect, correct & accurate .... A Magistrate has no inherent powers to review his own orders ... ( exception in being only of clerical errors )

Anil Agrawal (Retired)     11 August 2009

 

Mrs. Hetal Sunil Shah says all magisrates have inherest power. 


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