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
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
which,
the complaint was dismissed and the latter was acquitted under
Section 256 Cr.P.C. and the case was closed by the learned ... error in the procedure or point of law.
8. To sum up, an order of acquittal under Section 256 Cr.P.C. shall
have
including a provision like Sec.247 in the old Code
(Sec.256 in the new Code). The Supreme Court has stated
thus:
"What ... subject
Crl.AppealNos.448/2011
& 232of2012
37
matter of Crl. Appeal 232/2012, the learned Magistrate
acquitted the accused under Sec. 256 (1)
illegal because when complainant is absent in a complaint case under section 256 Cr.P.C, the magistrate was empowered to acquit the accused ... Chapter XX of the Code of Criminal Procedure deals with trial of summons cases by Magistrates.
Section 256 of the Code reads as under
relevant extract is reiterated, (1) Notwithstanding anything contained in the Code of Criminal Procedure , 1973 (2 of 1974) all the offence under this Chapter shall ... Code of Criminal Procedure, 1898, as applicable to the State of Jammu & Kashmir, the coordinate Section is Section 256 of CrPC considered
whereby the petition filed by
the accused petitioner under Section 256 Cr.P.C. for closing the case and
acquitting him was rejected ... reproduced herein below:
" Section 256 of the Code of Criminal Procedure ( CrPC ), 1973, empowers a
Magistrate to acquit an accused
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 non-appearance or death
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 non-appearance or
death