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Issues involved:
The judgment deals with the jurisdiction of a Magistrate to recall an order dismissing a complaint under Section 203 of the Code of Criminal Procedure, 1908. Details of the judgment: The Sub-Divisional Magistrate handled a complaint in a careless manner, leading to a prolonged process spanning over two years. The complaint involved trivial allegations that did not warrant detailed inquiry under Section 202 of the Code of Criminal Procedure. The Magistrate's actions of transferring the case between different Magistrates without conclusive results further delayed the resolution. Ultimately, the complaint was dismissed under Section 203 of the Criminal Procedure Code due to the complainant's absence and lack of interest in the inquiry. The respondent later applied for recalling the order dated 23-11-1968, but the Magistrate did not pass any orders on the application. Subsequently, the case was sent to different Magistrates for inquiry, leading to further delays. The Magistrate eventually took cognizance of the case and summoned the accused based on reports from different Magistrates, despite the initial dismissal of the complaint. The appellant argued that the Magistrate had no jurisdiction to recall the order dated 23-11-1968, as there was no provision in the Code of Criminal Procedure empowering a Magistrate to review or recall an order passed by him. The appellant contended that the Magistrate became functus officio after passing the initial order of dismissal, and any subsequent actions were without jurisdiction. The High Court failed to consider the crucial aspect of the Magistrate's lack of jurisdiction to recall the order, which rendered all subsequent proceedings, including summoning the accused, null and void. The appellant's appeal was allowed, setting aside the High Court's order and quashing the order summoning the appellant. The judgment emphasized that a second complaint can only be filed on fresh facts or under special circumstances, citing a previous court ruling. The appeal was allowed, highlighting the Magistrate's lack of jurisdiction in recalling the order and declaring all subsequent proceedings as invalid.
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