MAJ. GENL. A.S. GAURAYA & ANR. vs S.N. THAKUR AND ANR.

The Supreme Court held that the dismissal of a complaint due to the absence of the complainant is a final order under Section 249 and Section 256(1) of the Criminal Procedure Code, and a Magistrate lacks jurisdiction to recall such an order. The Court emphasized that there is no provision in the Criminal Procedure Code empowering a Magistrate to review or recall his order, and that the law laid down by the Supreme Court applies to all pending proceedings as per Article 141. The appeal was allowed, restoring the Magistrate's order dismissing the complaint.