• Powers of magistrate to restore criminal case

Judicial Magistrate passes an order for stoppage of proceedings under section 258 of crpc, while observing that since last 10 years prosecution failed to secure presence of accused. accordingly thereby order for discharge of accused. subsequently accused is found and brought before court. under such circumstances whether judicial magistrate is empowered to restore criminal case by reviewing its own order of discharge.
Asked 3 years ago in Criminal Law from Dhule, Maharashtra
No. 
Unless the order of discharge is set aside by a higher court the accused cannot be brought to court.
Ashish Davessar
Advocate, Jaipur
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order has to be set a side by higher court
Rajeev Bari
Advocate, New Delhi
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