summons case.
Chapter-XX of the Criminal Procedure Code consisting of Ss. 251 to 259 contemplates the procedure to be followed by the Magistrate ... introduced in the Code of Criminal Procedure , 1973 and it was not there earlier.
5. Section 256 , Cr.P.C. corresponds
under Section 357(3) of the Code of
Criminal Procedure, 1973 (hereinafter referred to as " CrPC ", for
brevity). That having been ... record, even though under the CrPC , no such steps are
warranted, unlike under the Code of Civil Procedure , 1908 and in
spite
offender by the Magistrate
conferred with jurisdiction by the Code of Criminal
Procedure , 1973, for trial of summons case, warrant case or
in sessions trial ... death.
20. It is evident from the language of Sections 203
and 256 , Cr.P.C. that even though a complaint may be
dismissed under
IPC & ETC.
THIS CRIMINAL APPEAL, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
-3-
NC: 2024:KHC-D:4654
CRL ... CRL.A No. 100099 of 2022
the trial court in dismissing the complaint U/s 256(1) Cr.P.C .
cannot be legally sustained
Court of Economic Offences, Bangalore City, Bangalore, acquitted the petitioners under S. 256 , Cr.P.C. In January, 1988, an application came to be filed ... that application and set aside the order acquitting the petitioners under S. 256 , Cr.P.C. It is this order that is challenged
complainant does not appear, notwithstanding anything contained in the Code of Criminal Procedure , the Magistrate shall acquit the accused, unless he thinks proper, for reasons ... observed.
"Complainant" has not been defined in Criminal Procedure Code . But that only means the person who was examined as complainant under section
complainant was absent and exemption application
was filed under Section 256 of Criminal Procedure Code
and the same was allowed. Ultimately, on 23.05.2009
the complainant ... which resulted in
17
acquittal of the accused under Section 256 of Criminal
Procedure Code. When the law mandates that any
order passed under Section
when the private complaint was
dismissed for non prosecution, under section 256
of Cr.P.C., it amounts to acquittal of the accused ... complainant
amounts to acquittal as contemplated in
Section 256 of the Code of Criminal
Procedure.
13
18. Therefore it is crystal clear that when
summons case, then the
procedure contemplated in terms of Chapter XX of Criminal
Procedure Code from Sections 251 to 259 ... Cr.P.C. The Court
while exercising the powers under Section 256 Cr.P.C. has to
take into consideration all the attending circumstances
dismissed the complaint and acquitted the
accused under section 256(1) of Code of Criminal Procedure (for
short hereinafter referred to as ... peculiar facts and circumstance of this case, and in
view of Section 256 Cr.P.C., and making justice oriented
approach, in my considered view
