The main legal point established in the judgment is that the Criminal Court cannot review its own order, and the mandatory nature of registering an FIR after an order under Section 156(3) of CrPC, as well as the obligation of the Magistrate to give an opportunity to the complainant in case of a closure report by the police.

This application under Section 482 of CrPC has been filed against the order dated 24/10/2016, passed by JMFC, Gwalior in Criminal Complaint (unregistered) No........../2016, by which the trial Court has dismissed the complaint after passing the order under Section 156(3) of CrPC.

2. The necessary facts for the disposal of the present application in short are that the applicant filed a complaint against the respondents No.1 to 4 for offence under Sections 420, 467, 468, 471, 31 of IPC. It appears that the Magistrate by order dated 02/05/2016 directed the SHO, Police Station Bahodapur, District Gwalior to register the FIR and thereafter, to file the charge sheet/closure report, in accordance with the outcome of the investigation. Thereafter, on 24/10/2016, the case was taken up and it was adjourned because the police had not filed the Final Report (Either Charge sheet or Closure Report). However, after signing the order sheet, later on, the trial Court passed another order, mentioning that since the FIR under Sections 420, 467, 468, 471, 31 of IPC has already been registered in Crime No. 258/2016 by Police Station Bahodapur, District Gwalior in compliance of the order passed under Section 156(3) of CrPC, therefore, now no proceeding is left in the complaint and accordingly, the complaint was dismissed.

3. It is submitted by the counsel for the applicant that the order which was passed on 24/10/2016 thereby dismissing the complaint, is bad for the following two reasons:-

(i) The order dated 24/10/2016 amounts to review of the order dated 05/02/2016, by which the police was directed to file Final Report (either charge sheet/closure report) and the matter was adjourned awaiting the final report.

(ii) In case, if, the police decides to file the Closure Report, then the applicants still can proceed further with their complaint after examining themselves or their witnesses and the complaint cannot be dismissed merely on the ground that the Police has filed the Closure Report.

4. Per contra, the order is supported by counsel for respondents.

5. The counsel for the State has submitted that the police has filed the status report and has come to a prima facie opinion that there is a lack of evidence against the respondents No.1 to 4 warranting the filing of charge sheet against them, however, the investigation is still pending.

6. Heard the learned counsel for the parties.

7. In the present case, the following two important questions of law arise, which are as under:-

(i) Whether the Criminal Court has power to review its own order ?

(ii) Whether the complaint can be dismissed only on the ground that an order under Section 156(3) of CrPC has been passed and the F.I.R. has been lodged ?

8. Section 362 of CrPC provides as under:-

''362. Court not to alter judgment-Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.''

Thus, it is clear that in absence of any provision for review, the Criminal Court cannot review its own order. Recall of an order or review of an order are two different things. In the present case, by order dated 02/05/2016, the Magistrate had passed an order under Section 156(3) of CrPC and had directed the police to register the F.I.R. and then to file the Final Report and the case was adjourned to the next date awaiting the Final Report (either the charge sheet or the Closure Report). However, by order dated 24/10/2016, the Magistrate dismissed the complaint by mentioning that since the order under Section 156(3) of CrPC has been passed and the FIR has been registered, therefore, now, there is no need to proceed further with the complaint. In the considered opinion of this Court, the order dated 24/10/2016 amounts to review of order dated 02/05/2016, which could not have been done by the Magistrate.

9. Further, in the present case, the