A Criminal Court could recall its own order, even an interlocutory one, and pass a contradictory order at a subsequent stage without recalling the earlier order, if the circumstances had changed.

( 1 ) THE matter was heard on 22-7-98 and orders were recorded on 27-7-98. Unfortunately, records were not made available to me prior to that and, as such, an order was passed on 27-7-98 indicating that orders will be recorded today (29-7-98 ).

( 2 ) THE present application under Section 482, Cr. P. C. was filed for quashing an order dated 21-2-98 recorded in S. T. No. 34 of 1990, whereby the learned Sessions Judge had directed, examination of a police officer and a doctor upon an application of the prosecution. A two-fold objection was taken against that order stating that a was taken against that order stating that a prayer of the prosecution itself for re-examination of this Police Officer and Doctor and for production of certain papers was rejected by this very Sessions Judge by his order dated 3-2-98 and it was not open for the Sessions Judge to have revised/reviewed his order. It was further contended that there were no good reasons for recording such an order.

( 3 ) WHEN the application was filed before this Court an order was passed on 2-5-98 staying further proceedings of the Sessions trial in question. As stated above, the only two points that arose for consideration are : (1) whether a Criminal Court could recall its own order, even an interlocutory one, and if a contradictory order could be passed at a subsequent stage without recalling the earlier order, and (2) whether there had been a proper exercise of the powers under Section 311, Cr. P. C. in the instant case.

( 4 ) THE order dated 3-2-97 is in Annexure 1 to the present application. The prosecution had made a prayer for examination of Dr. G. Lal and for production of certain X-ray reports and plates from a particular hospital at Varanasi. An objection was raised that Dr. G. Lal was not shown in the list of witness and there was no mention of X-ray plates in police papers under Section 173, Cr. P. C. and copies thereof were never served upon the accused persons. After a thorough discussion of the materials and keeping in view an earlier direction of the High Court for an early disposal of the matter, the Court had, by its order dated 3-2-98, declined to accede to the request of the prosecution.

( 5 ) IT appears that the prosecution thereafter had filed the papers concerning the X-ray reports and plates and had prayed for admitting the same and there had been a reiteration of the prayer for examination of Dr. G. Lal. The Court had after hearing the parties recorded its order dated 21-2-1998 directing examination of this doctor on a particular date, examination of head moharrir on another date and for further examination of investigating officer on a subsequent date, with a clear note that the prosecution would not be allowed any further adjournment if they failed to produce the witnesses. As stated above, this order remained stayed under an order of this High Court.

( 6 ) SO far as the recall of the order is concerned, it appears that the circumstances under which the order dated 3-2-98 and 21-2-98 were passed were not the same. The papers that were proposed to be relied upon were not before the Court on 3-2-98 but the same were very much there before the Court on 21-2-98. An interim order is sometimes not to be changed at the whims of the trial Court, but for ends of justice an order may be recorded contrary to an earlier interim order passed by a Court, there must not be a bar in such action as every procedure in the Cr. P. C. is to be interpreted to advance the cause of justice. If on an earlier date, the Court had exercised a jurisdiction negativing the prayer of the prosecution it may not be a bar to reconsider the prayer upon certain changed circumstances if the Court felt that it was necessary for the ends of justice. There may not be any necessity of any formal order of recall as from the existence of the order to the contrary at a subsequent date would indicate that the earlier order stood recalled. Both the orders in question do not