Magistrate wrong Order:

N.K.Assumi (Querist) 26 August 2008 This query is : Resolved
What procedure is available for the Magistrate to set right his own wrong Order in a criminal case?

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Murali Krishna (Expert) 26 August 2008
My understanding is that when any order is passed, the judge becomes functus officio after passing the order. He cannot do any thing with it. However, in the following three cases he can again interfere with the judgement

1. Rectification of any typographical mistakes;

2. Whenever any review is filed against the order;

3. He can recall the judgement, if the order is obtained by fraud. "Every court has power to recall an order obtained by fraud. Sec 151 CPC [AIR 2000 SC 1165].

K.C.Suresh (Expert) 27 August 2008
No revision is allowed for his own orders except in circumstances as Murali Krishna (doubt ful about the second one)

N.K.Assumi (Querist) 27 August 2008
What about placing his wrong order before the High Court for correction? Is there any courageous Magistrate who has taken such steps in India?

Murali Krishna (Expert) 27 August 2008
Yes, Suresh is correct. In criminal cases review is not possible. [AIR 2004 SC 4674; Adalat Prasad Vs.R.Jindal]

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