ORDER

1. Heard learned counsel for the parties.

2. Delay condoned.

3. Leave granted.

4. The appellant herein has challenged an order dated 8-12-2000 made in Silao Police Station Case No. 122/98-GR 629/98 titled State v. Mithlesh Singh, by which the Chief Judicial Magistrate took cognizance of the offence punishable under Sections 302/201/34 IPC.

5. It is the contention of the appellant that on the very same date prior to the order referred to hereinabove in the very same case the very same learned Chief Judicial Magistrate had after issuing notice to the complainant accepted the final report filed by the police and dismissed the complaint and having done so under Section 362 of the Criminal Procedure Code the very same court could not have reconsidered the first order which amounts to review of its own order which is impermissible in law.

6. We have perused the two orders referred to hereinabove and we do notice that in the first of the orders the learned Chief Judicial Magistrate recorded that even though the notice was sent to the informant along with the police report no one appeared on behalf of the informant and the prosecution has submitted the final report mentioning "truth