complaint was
dismissed by the court below on 19.12.2017 under Section
256(2) Cr.P.C. on the reason that the complainant was not
having ... will be justified in acquitting the accused
Crl. Appeal No.525/18 : 2:
under Section 256(2) Cr.P.C. if and only
Complaint in Section 2(d) of
the Code of Criminal Procedure. He also brought to the notice of
the Court Section 256 ... summons have been issued
on a complaint, Section 256(2) Cr.P.C. contemplates that the
provisions of sub-section (1) shall
Complaint in Section 2(d)
of the Code of Criminal Procedure. He also brought to the notice of
the Court Section 256 ... summons have been issued
on a complaint, Section 256(2) Cr.P.C. contemplates that the
provisions of sub-section (1) shall
under Section 200 Cr.P.C. for the offences punishable
under Sections 120(b) , 304A, 465 & 506(b) read with
Section 34 IPC ... with a copy of his death
certificate.
3. In view of Section 256(2) Cr.P.C., since the
petitioner / complainant is dead, no further
Caste
Jat, R/o Kacholiya, Ward No. 14, Tehsil Chomu, District
Jaipur.
2. State Of Rajasthan Through Its P.p., Rajasthan
----Respondents
For Petitioner ... complaint on 25.07.2016 was dismissed
because of absence of the petitioner.
Section 256 (2) Cr.P.C. specifically states that after the
complaint where accused
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3955/2018
Devendra Yadav S/o Shri Ashok Yadav
----Petitioner ... 2018
Counsel for the petitioner has contended that because
of Section 256(2) Cr.P.C. dismissal of the complaint in default
amount to acquittal
made to Section 256 Cr.P.C. in
Balasaheb 's case, but the Order in effect is under Section 302 ... continued by filing application under Section 302
Cr.P.C. Therefore, granting permission under Section 256 Cr.P.C. to
the respondent to conduct prosecution
Colony,
Gandhinagara,
Bellary - 592 312.
....Respondent
2
This criminal petition is filed under Section 482 of
Cr.P.C. praying to set aside the Order ... which the learned
judge allowed the application filed under Section 256(2)
of Cr.PC by permitting the respondent to prosecute the
complaint and dismiss
file a complaint
against the accused for the offence punishable under
Section 138 of N.I. Act., which is well within time and
based ... counsel for the
complainant has filed an application under Section 256(2)
of Criminal Procedure Code 1973 seeking for bring the
legal representative of deceased
accordingly, procedure for summons case provided in
Chapter XX of the Code of Criminal Procedure (hereinafter
referred to as " CrPC ... filed under Section 138 of the NI Act.
5. I deem it proepr to reproduce Section 256 CrPC
herein:
"256. Nonappearance
