Magistrate power to review his own decision?
saqib
(Querist) 11 May 2011
This query is : Resolved
A car was captured by police under section 550 cr.p.c. I filed application of super Dari and magistrate on the police report given ordered to police to hand over the car to applicant.
Next day some other person claim that this is his car and file petition through counsel to same magistrate that this car is theft by him in 2004 and attach the FIR along his petition. Now the magistrate has given us time to argue on this application .so my question is that the magistrate either can review his own order or not… this petition is maintainable or not in this court... Thanks for reading pl brief me with relevant law… pl email reply if convenient …
Regards thanks
saqib yousaf Advocate
ssaqee@yahoo.com
ANIL AGARWAL
(Expert) 12 May 2011
Petition is maintainable.A Magistrate can not review his order, but if the order is obtained by fraud or misrepresentation, certainly Court is not powerless. You have not stated that who is real owner of car? a real owner always have the best title.
vinay sonpal
(Expert) 12 May 2011
The power to correct order is inherent to any court be it civil or criminal. But when an order is passed on the basis of material on record, only revision application to sessions court lies on the ground that the Magistrate did not make proper enquiry. Granting application to the new applicant amounts to recalling the order for which unless there is misatke apparent on record, the same is not sustainable.
Arun Kumar Bhagat
(Expert) 14 May 2011
Magistrate can change interlocutory orders on the new sets of informations submitted before him.
Advocate. Arunagiri
(Expert) 14 May 2011
The magistrate has no power to review his orders under any circumstances.
But, this case is unique, x & y are claiming the ownership on the vehicle. Magistrate already passed the order in favour of X. Now y is also filed a petition claiming the same vehicle.
The magistrate may order for an enquiry to prove the true ownership and then can pass orders based on this. This is a fresh order not review.
