Chapter XX of the Code of Criminal Procedure from
Sections 251 to 259 . Chapter XXI of the Code of Criminal Procedure
from Sections ... Code of Criminal
Procedure is always available. The Supreme Court
further held :
"The Code of Criminal Procedure
provides only for the death
trial Court in view of the provisions contained under Section 256(2) Cr.P.C. He further argued that after the death of the complainant ... complainant is liable to be dismissed by the Magistrate under Section 256(2) Cr.P.C. and the accused is liable to be acquitted
256(2) of the Code of Criminal Procedure.
14. Before dealing with Section 256 of the Code of Criminal Procedure, it would be relevant ... Section 249 of the Code of Criminal Procedure first. The provisions of Section 249 of the Code of Criminal Procedure makes discharge of an accused
Cr.P.C. Thirdly, the clause "Judge shall file it with the record" appearing in Section 233(2) , Cr.P.C. does ... that written statement filed by an accused under Section 256(2) , Cr.P.C. 1898 (similar to Section 233(2) ,
Section 2(d) of
the Code of Criminal Procedure. He also brought to the notice of
the Court Section 256 Cr.P.C., which contemplate ... summons have been issued
on a complaint, Section 256(2) Cr.P.C. contemplates that the
provisions of sub-section (1) shall
decree be passed against a dead person, the Code of Criminal Procedure nowhere postulates abatement of accusation against a dead person for the crime committed ... only thereafter, it proceeds to search for the offender. Section 256(2) Cr.P.C. empowers a Magistrate in a summons case to acquit
extract is reiterated, (1) Notwithstanding anything contained in the Code of Criminal Procedure , 1973 (2 of 1974) all the offence under this Chapter shall ... 256 CrPC is applicable for the cases of N.I.Act. The provision of Section 256 CrPC is reiterated underneath:-
256
decree be passed against a dead
person, the Code of Criminal Procedure nowhere
postulates abatement of accusation against a dead
person for the crime committed ... only thereafter, it
proceeds to search for the offender. Section 256(2)
Cr.P.C. empowers a Magistrate in a summons case to
acquit
death. Section 256 of the Code of Criminal Procedure is extracted hereunder:
"256. Non-appearance or death of complaint- (1) If the summons ... well settled that on the death of the complainant, under Section 256(2) Cr.P.C. cannot ipso facto bring about the termination
Section 2(d)
of the Code of Criminal Procedure. He also brought to the notice of
the Court Section 256 Cr.P.C., which contemplate ... summons have been issued
on a complaint, Section 256(2) Cr.P.C. contemplates that the
provisions of sub-section (1) shall
