IPC , Police Station Greater KailashÂ01, whereby the Ld. MM
was pleased to dismiss one application u/s 256 Cr.PC filed by the petitioners ... offence u/s 186 IPC
was warrant triable case and therefore, the impugned order dismissing the
petitioners application u/s 256
accused persons seeking dismissal of the
complaint U/s 256 of the Code of Criminal Procedure , 1973 [in short
Cr.PC ].
2. Notice ... plea of guilty. Section 252 Cr.PC is a sub specie of Section
251 Cr.PC. Coming to Section 254 Cr.PC it states that
dismissal of the
complaint in default under Section 256 of the
Criminal Procedure Code, entails the acquittal of the
accused. Once an accused has been ... available to the petitioner under
Section 378(4) of the Criminal Procedure Code, on
the failure of the petitioner to avail of such a remedy
contrast, Section 279 BNSS (pari
materia with Section 256 Cr.P.C.) envisions a situation where the
summons have been issued on the complaint ... dismissal of the
complaint in default under Section 256 of the
Criminal Procedure Code, entails the acquittal of the
accused. Once an accused has been
dismissal of the
complaint in default under Section 256 of the
Criminal Procedure Code, entails the acquittal of the
accused. Once an accused has been ... available to the petitioner under
Section 378(4) of the Criminal Procedure Code, on
the failure of the petitioner to avail of such a remedy
Code of Criminal Procedure and submitted that in accordance
with Section 256, if the summons has been issued on complaint, the Court
has power ... complainant amounts to acquittal as
contemplated in Section 256 of the Code of Criminal Procedure.
Similar legal proposition has been laid down
Code of Criminal
Procedure is always available.....We see no reason
why we should be astute to find a lacunas in the
procedural ... with reference to
Section 495 of the Code of Criminal Procedure, 1898
(hereinafter referred to as "the old Code") it was held
make any difference in the criminal proceedings.
17. It is submitted that in this regard Section 256 Cr.PC
and also Section 302 ... preposition but as
discussed above the criminal prosecution has to go on and u/s 256
Cr.P.C and Section 302
that
the complaint was not dismissed in default as per Section
256 CrPC and hence, the revision petition against the
impugned order ... appearance of the complainant
(revisionist herein) as per Section 256 CrPC. I find no
force in the argument of the ld. counsel
default and
accused was acquitted as per the provision u/s 256 Cr.PC.
6. Ld. Counsel for revisionist has failed to show any
proof ... sections
256 / 378 / 397(3) / 399 / 401(4) of CPC and submitted that in
accordance with Section 256, if the summons has been issued
