Supreme Court · 1976 INSC 170 · Decided 5 August 1976
Bindeshwari Prasad Singh v. Kali Singh
- Court
- Supreme Court of India
- Citation
- 1976 INSC 170 · [1977] 1 S.C.R. 125
- Case number
- CRIMINAL APPEAL No. 74/1976
- Decided
- 5 August 1976
- Bench
- P.N. BHAGWATI, S. MURTAZA FAZAL ALI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 95; CrPC Section 203, 202; CPC Section 151
Headnote
12.5 Code of Criminal Procedure 1908-Whether Magistrate has jurisdiction to recall dismissal order made u/s 203-Application for recalling dismissal order, whether amdunts to fresh comp/11int. The respondent's complaint against the appellant regarding a trivial matter, was tossed for three years dismissed under section 203 Cr.P.C. Thereafter on ah application by the respondent for recalling his dis­ missal order, the Magistrate again sent the case for inquiry ultimately issued process against the accused. The appellant contended before this Court that the Magistrate had no
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