learned Magistrate erroneously acquitted the accused
persons under Section 256 of the Code of Criminal Procedure and that it has
caused serious prejudice ... case and rightly acquitted the accused
persons under Section 256 of the Code of Criminal Procedure and that there
being no irregularity in the order
complainant
under Section 482 read with Section 401 of the Code of Criminal Procedure
praying for quashing/setting aside the order dated December ... provision of Section 256 Cr.P.C. which falls in Chapter XX of
the Code of Criminal Procedure . In the given circumstances, the only option
complainant
under Section 482 read with Section 401 of the Code of Criminal Procedure
praying for quashing/setting aside the order dated December ... provision of Section 256 Cr.P.C. which falls in Chapter XX of
the Code of Criminal Procedure . In the given circumstances, the only option
Magistrate,
3rd Court, Kolkata acquitted the accused under Section 256 of the Code of
Criminal Procedure. The instant appeal is filed by the complainant ... accused person(s) is/are
acquitted under Section 256 of the Code of Criminal Procedure.
The accused person(s) be discharged from his/her/their
absent on call and matter was dismissed under Section 256
of the Criminal Procedure Code by the Learned Metropolitan Magistrate,
15th Court at Calcutta ... accused has been examined under Section 311 of the Code
of Criminal Procedure, the Court was required to pass a
judgment on merit
this Court that while acquitting
an accused under Section 256 of the Code of Criminal Procedure, the Court
must apply its judicial discretion and record ... dismissed the case and acquitted the
accused under Section 256 of the Code of Criminal Procedure.
12. It is also seen that Section 256
complaint and acquitted the petitioner/accused under Section 256 of
Code of Criminal Procedure. According to the learned Advocate for the
petitioner, against the order ... acquittal under Section 256 of Code of
Criminal Procedure only appeal lies but instead of preferring an appeal
Opposite Party preferred a revision before
petitioners
under Section 482 read with Section 401 of the Code of Criminal
Procedure, 1973 challenging the legality, propriety and correctness of
the Impugned Order ... substitution and continuation of
the proceeding.
20. Section 256 of Code of Criminal Procedure, 1973 reads as
follows:
"256. Non-appearance or death
accused
was acquitted by the Trial Court under Section 256 of the Code of
Criminal Procedure by an order dated 1 st September ... Criminal Procedure. The said
application was allowed and the next date for examination of the
accused under Section 251 of the Code of Criminal Procedure
Court acquitted the
accused (the respondent herein) under Section 256 (1) of the
Criminal Procedure Code by the following order:-
"Accused person on bail ... discretion exercised by
the trial Court under Section 256 (1) of the Criminal Procedure Code
cannot be interfered with in such a case where
