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1 - 8 of 8 (0.49 seconds)Section 256 in The Code of Criminal Procedure, 1973 [Entire Act]
Dinesh Dutt Joshi vs State Of Rajasthan And Anr on 1 October, 2001
In Dinesh Dutt Joshi v. State of Rajasthan [(2001)
8 SCC 570: 2002 SCC (Cri) 24] , while dealing with
the inherent powers of the High Court, this Court has
observed thus: (SCC p. 573, para 6) „6. ... The
principle embodied in the section is based upon the
maxim:quando lex aliquid alicui concedit, concedere
videtur et id sine quo res ipsae esse non potest i.e.
when the Crl. M.C. No.1280/2014 Page 9 of 12 law
gives anything to anyone, it gives also all those
things without which the thing itself would be
unavailable. The section does not confer any new
power, but only declares that the High Court
possesses inherent powers for the purposes specified
in the section. As lacunae are sometimes found in
procedural law, the section has been embodied to
cover such lacunae wherever they are discovered.
Section 311 in The Code of Criminal Procedure, 1973 [Entire Act]
Punjab State Warehousing ... vs M/S Sh.Durga Ji Traders & Ors on 28 November, 2011
16. It is correct that the dismissal of a complaint in a
summons case results in acquittal of the accused as
envisaged in Section 256 of Cr.P.C. It is also true that the
complainant can challenge the order of acquittal by filing
an application for special leave to appeal. A similar
question came up for consideration before the Apex
Court in „Punjab State Warehousing Corporation vs.
Shree Durga Ji Traders‟, (2011) 4 SCC 615. In the said
case the High Court had dismissed the petition under
Section 482 of Cr.P.C. for setting aside of complaint in
default and restoration thereof by holding that dismissal
in default of complaint amounts to acquittal of accused
and statutory remedy exists in Cr.P.C., a petition under
Section 482 of Cr.P.C. cannot be entertained. The
Hon‟ble Supreme Court while considering various
judgments passed from time to time observed as under: -
Jeffrey J.Diermeier & Anr vs State Of West Bengal & Anr on 14 May, 2010
In this behalf
it would be profitable to refer to the decision of this
Court in Jeffrey J. Diermeier v. State of W.B. [(2010) 6
SCC 243 : (2010) 2 Crl. M.C. No.1280/2014 Page 8 of
12 SCC (Civ) 656 : (2010) 3 SCC (Cri) 138] wherein
one of us (D.K. Jain, J.), speaking for the Bench,
explained the scope and ambit of inherent powers of
the High Court under Section 482 of the Code as
follows: (SCC p. 251, paras 20 & 22)
Section 251 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
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