HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3145 OF 2010 Date: 07.04.2010 Between: Siddardha Constructions Private Limited, rep. by its Power of Attorney Holder Sri V.V. Ramaiah ……Petitioner And: The State of A.P., rep. by its PP and 3 others ……Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3145 OF 2010 ORDER: This petition is filed by the complainant questioning order dated 25.11.2008 passed by the Special Judicial Magistrate of the First Class for Excise Cases, Visakhapatnam. After taking cognizance of the offences in C.C.No.910 of 2006, A-2 who is Managing Director of A-1 company died. On a memo filed in that regard, the lower court is stated to have passed order on 17.03.2008 to the effect that the complaint against A-1 and A-2 is dismissed as abated. Very amusingly, the complainant filed the present petition in the lower court under Section 311 Cr.P.C., for recalling the court’s mistake of abating the case against A-1 company also. The lower court rightly held that Section 311 Cr.P.C is not applicable for recalling an earlier order and that it is applicable for only recalling a witness. The lower court further rightly observed that there is no provision in Cr.P.C for recalling a previous order, which amounts to reviewing of an earlier order. The grounds put forward by the court below for dismissing the petition, are proper. In case earlier order dated 17.03.2008 is incorrect or erroneous or was passed by mistake, then remedy of the petitioner/complainant is to question the same in higher courts by way of appropriate proceedings by invoking appropriate provision of law. This Court is of the opinion that the petition filed by the complainant in the lower court is misconceived and it was rightly dismissed. Hence, the petition is dismissed. The petitioner is at liberty to question earlier order dated 17.03.2008 passed by the lower court in appropriate court under appropriate provision of law subject to period of limitation, if the petitioner is so advised. ___________________________________ SAMUDRALA GOVINDARAJULU,J Date:07.04.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3145 OF 2010 Date: 07.04.2010 Gk.