Section 256 in The Code of Criminal Procedure, 1973
256. Non-appearance or death of complainant.
(1) If the summons has been issued on complaint
Section 256 , Cr.P.C. are not applicable in this case. A complaint can be dismissed Under Section 249 , Cr.P.C. on the absence ... Cr.P.C., could not be attracted. S.249 of the Code of Criminal Procedure has been included in Chapter XIX of the Code which
accordingly, procedure for summons case provided in
Chapter XX of the Code of Criminal Procedure (hereinafter
referred to as " CrPC ... under Section 138 of the NI Act. In
this Chapter, Section 256 CrPC deals with a situation of
nonappearance or death
HCHP
3
XX of the Code of Criminal Procedure (hereinafter referred to
as " CrPC ") is applicable during the trial initiated ... under Section 138 of the NI Act. In this Chapter,
Section 256 CrPC deals with a situation of non-appearance or
death
acquittal under Section 256 Cr.P.C. was to be appealed in terms of
Section 378 Cr.P.C.
3. Heard Mr. Amitav Tripathy, learned ... view of Section 401(4) Cr.P.C. Furthermore, sub-section (5) of
Section 401 Cr.P.C. specifies that where an appeal lies
dispensing
the examination under Sec. 313 Cr.P.C. acquitting the
accused under Sec. 255 (1) Cr.P.C. The course so adopted ... under Sec. 255 (1) Cr.P.C., since the
aquittal of the accused under Sec. 255 (1) Cr.P.C.
can be done only upon
learned magistrate after recording the evidence under Sections 200 and 202 Cr.P.C summoned the accused for trial vide order dated ... section 256 Cr.P.C must be exercised with care and caution.
Bare reading of the provisions contained in section 256(1) Cr.P.C
presence of accused, as is provided under Section 204(4) Cr.P.C., reiterates When by any law for the time being in force ... Code of Criminal Procedure, 1898, as applicable to the State of Jammu & Kashmir, the coordinate Section is Section 256 of CrPC considered
Cr.P.C ., then the procedure mentioned in Chapter XX of Cr.P.C . from Sections 251 to 259 of Cr.P.C. would ... appeal u/s 378(4) Cr.P.C., or is that order reviseable u/s 397 Cr.P.C.?
(ii) Whether the case of Vinay
contents of Section 256 Cr.P.C. may be
reproduced herein below:
" Section 256 of the Code of Criminal Procedure ( CrPC ... provisions of Section 256 Cr.P.C. will not be applicable - is
correct.
13. Thus, in terms of P. Ramachandra Rao (supra) the prosecution evidence