Order Petitioner has filed this application for quashing the order dated 31.1.2007, whereby the learned court below has taken cognizance for the offences under Sections 323, 341, 379 and 34 of the Indian Penal Code against the petitioner, as also for quashing the order dated 16.6.2005, whereby the learned court below had recalled its earlier order passed in the same proceeding on 14.6.2005. 2. Heard learned counsel for the petitioner and the learned counsel for the opposite party no. 2. 3. A brief facts of the case is that the opposite party no. 2 had lodged F.I.R. before the concerned police station which was subsequently registered as G.R. Case No. 765 of 2002 and on submission of final form in the shape of final report, complainant had filed a purported protest petition. The petition was taken as complaint and it was registered as complaint case no. 253 of 2004. 4. Learned counsel for the petitioner explains that though, the case was taken as complaint case and the complainant was called upon to adduce his evidences in course of inquiry under Section 202 Cr. PC, but the complainant has failed to respond despite several adjournments and ultimately, by order dated 14.6.2005, proceeding was dropped by the learned court below. However, two days later i.e. by order dated 16.6.2005, the learned court below by recalling its earlier order dated 14.6.2005, had restored the complaint to its original file, which was earlier dismissed and had proceeded to take cognizance of the offences against the petitioner. Learned counsel argues that in view of the fact that the case was dismissed at one point of time the learned court below did not have authority under the law to recall its own order and restore the case to its original file and proceed to take cognizance. 5. Learned counsel for the opposite party no. 2, while controverting the grounds advanced by the petitioner, submits that the impugned order is not an order which can be said to be passed under Section 203 Cr. P.C and the order can, at best, be said as dismiss for default and the trial court did have ample power to restore the case to its original file. 6. 2, while controverting the grounds advanced by the petitioner, submits that the impugned order is not an order which can be said to be passed under Section 203 Cr. P.C and the order can, at best, be said as dismiss for default and the trial court did have ample power to restore the case to its original file. 6. From perusal of the order dated 16.6.2005, it appears that the learned court below has recorded reasons for recalling its earlier order dated 14.6.2005 stating that on account of mistake in the cause list regarding the date of posting of the case for hearing, the complainant could not appear. 7 From perusal of the copy of the order dated 2.6.2005, filed by the petitioner as annexure-1 to the supplementary affidavit, it appears that the case was posted for evidence in course of inquiry for 14.6.2005. The record was put before the Presiding Officer on 14.6.2005. On that day, in absence of the complainant, the Magistrate dismissed the complaint. It is apparent from the above that there was no mistake as far as the date of posting of the case is concerned, as would appear from the order dated 2.6.2005. In any case, the Magistrate did not have any power under Cr. PC to recall its own order. 8. In that view of the matter, the order dated 16.6.2005 whereby the proceeding is restored to its original file and thereafter learned court below proceeded to take cognizance of the offences, is bad in law and without authority. It is not disputed by way of principle of law that on dismissal of a complaint, a second complaint on the same facts can very well be entertained, but. the order of dismissal cannot be recalled and the case cannot be restored in the same proceeding. 9. In the light of the discussion made above, I find merit in this application. Accordingly, this application is allowed. The order dated 16.6.2005 as also the order dated 31.1.2007 passed by the learned court below in Complaint Case No. 253 of 2004, is hereby set aside.