under Section 202
of the Cr.P.C is made out, he shall issue the summons under Section 204
of the Cr.P.C otherwise ... Cr.P.C. The word "trial" is not defined in the
Cr.P.C but Section 4 of the Cr.P.C deals
dismissing the complaint under Section 203 of Cr.P.C. Section 203 of Criminal Procedure Code provided as follows:
203. Dismissal of complaint. - If, after ... passed under Section 203 of Cr.P.C., the learned Magistrate should have follow the procedure under Section 203 of Cr.P.C. and thereafter
prima facie made out under Section 203 of Cr.P.C. Section 203 of Criminal Procedure Code provided as follows:
203. Dismissal of complaint ... Section 202 of Cr.P.C.
6. It is my absolute view that the learned Magistrate has not followed the procedure as per Section 203
dismissing the complaint under Section 203 of Cr.P.C. Section 203 of Criminal Procedure Code provided as follows:
203. Dismissal of complaint. - If, after ... passed under Section 203 of Cr.P.C., the learned Magistrate should have follow the procedure under Section 203 of Cr.P.C. and thereafter
that stage is not by
invoking Section 203 of the Cr.P.C. because the Cr.P.C . does not
contemplate a review ... process issued under Section
204 Cr.P.C. in re: Adalat Prasad (supra) and opined that Cr.P.C .
does not contemplate or provide
Cr.P.C. Thereafter the petitioner herein filed the present private compliant under Section 200 of CrPC in Crl.O.P ... complaint under Section 203 of Cr.P.C., the Court must follow the procedure laid under Section 203 of Cr.P.C.
17.Admittedly
dropped, but the order of dismissing the complaint under Section 203 Cr.P.C. would be deemed to be an order passed in favour ... Magistrate up till the stage of 204 Cr.P.C . or for that matter up till Section 203 Cr.P.C. shall have
complaint is liable to be dismissed under Section 203 Cr.P.C.
Per contra, learned counsel for the opposite party no.2 supported the impugned ... have passed an order of dismissal of complaint under Section 203 Cr.P.C.
In view of the discussions made above, I find that impugned
fixed for framing notice U/ Sec.251
Cr.P.C., the accused moved an application U/ Sec.203 Cr.P.C. for
dismissal of complaint ... under Sec.482
Cr.P.C. In Adalat Prasad's case (supra), the summoning order passed
U/ Sec.204 Cr.P.C. was challenged
Cr.P.C.
In the enquiry envisaged under Section 202 Cr.P.C. the witnesses are
examined whereas under Section 200 Cr.P.C., examination ... enquiry in terms of Section 202 Cr.P.C. as amended by virtue of
Section 19 of the Criminal Procedure (Amendment
