Legal Question in Criminal Law in India

Power of suo moto review of its own order by a trial court

A trial court has ordered for the close of the prosecution evidence and the evidence of the complainant was not recorded he being absent on the hearing despite having notice of the date of hearing.

At the time of arguments the accused raised the issue and the Hon'ble trial court suo moto without any request from the prosecution for examination of the Complainant reviewed its own order and issued summons to the Complainant.

Is their any authority in which such an order has been referred to as arbitrary or otherwise.


Asked on 12/06/02, 6:55 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Power of suo moto review of its own order by a trial court

Section 311 of the Code of Criminal Procedure empowers the Court with ample powers in the behalf. In your query you have not specified the exact nature and other details of the Order. Such details should be available in the proceedings. Unless such details are provided with, your query can not be replied effectively.

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Answered on 12/07/02, 7:57 am
Verender Kumar Nagrath LegalEx Box

Re: Power of suo moto review of its own order by a trial court

Under Section 245 Cr.P. C. the court has power to review

its own order.

But on the other hand, issuing summons to the complainant

is an interlocutary order which cannot be challenged.

In the case in hand, a trial court suo moto cannot issue

summons to the complainant if the prosecution evidence is

closed. Moreover it also depends upon whether it is a

summons case or warrant case.

Hence the revision is maintainable against the order.

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Answered on 12/13/02, 8:32 am


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