...Section 256(2), Cr. P.C He further argued that after the death of the complainant Smt. Imrana, her brother Jaheer Ahmad had no locus to file the application seeking permission to continu...complainant is liable to be dismissed by the Magistrate under Section 256(2), Cr. P.C and the accused is liable to be acquitted of the charge?(ii) whether it...on the death of the complainant, under Section 256(2), Cr. P.C cannot ipsofacto bring about the termination of the criminal proceeding and in that case the learned...

...Section 256 Cr. P.C., especially sub-Section 2 thereof, provisions whereof stand extracted hereinafter:“256(2): The provisions ...being empowered to acquit the accused. Since, an appeal, is a continuation of the complaint, hence the afore mandate, borne in sub-section (2) of Section 256 Cr. P.C...appeal warrants its being dismissed, as abated.2. Further more, with the provisions of Section 394(2) Cr. P.C., provisions whereof stand extracted hereinafter...

...produce the evidence (Section 256 of the Cr PC).2. Section 342 adds something further to S. 256.3. It requires the Court to question the accused generally on the case...1. This case has been reported by the Sessions Judge of Ghazipur under Section 438 of the Cr PC, on the ground that the proceedings of the Magistrate in convicting the accused were illegal...by reason of non-compliance with Section 342 of the Cr PC, The Sessions Judge has further expressed the opinion that he was not justified in interfering with the Magistrate's finding of fact but that...

...provision in Section 256(2) of the Cr PC, that an accused person may hand in a written statement. That written statement will no doubt be prepared by his advocate on...Section 342 of the Cr PC, Prior to the order the attendance of the accused had been excused under Section 205 of the Cr PC, S. 205(2) states:“But the Magistrate inquiring into or trying...statement under Ss. 242 and 243 before the trial begins on behalf of an accused person. That is an entirely different matter from the statement under Section 342 of the Cr PC. When an accused person...

...wrong 256 Cr. P.C, the order of dismissal of complaint simplicitor in a warrant trial case will not change the character of the order and will not take it out side the purview of section 256, Cr. P.C;...the estimation of the trial Magistrate, hence the complaint was dismissed in default by the trial Judge mentioning section 256 Cr. P.C Trial Judge, however did not pass any...Counsel for the revisionists submitted that since Magistrate has mentioned in its order that he has exercised power under section 256, Cr. P.C, therefore, revision was not...

...counsel. His absence was not wilful or wanton and therefore the acquittal of the accused-respondents under S. 256 Cr. P.C is not warranted.2. Section 256(1) Cr. P.C reads as under...1. This appeal is by the complainant against the order of acquittal under S. 256(1), Cr. P.C The case in the lower court stood posted to 21-12-1978. The complainant and his counsel were...: (1978 Cri LJ 1376) (Ker) and contended that while exercising the discretion under S. 256(1) Cr. P.C, the court should not forget that their very existence is for dispensation of...

...ORDERHeard both sides in respect of the bail sought by the petitioner who is accused of having committed the offence punishable under Section 307 of IPC in Cr. No. 256/11....2. The complaint allegations are that the petitioner assaulted his own brother on account of the injured raising a quarrel with the petitioner over the issue of the petitioner trying to...executing a personal bond for Rs. 25,000/- with one surety for the likesum to the satisfaction of the trial court.2. He shall not hamper the investigation in any manner.3. He...

...circumstances I am inclined to deal with the case in accordance with section 256, Cr.P.C Accordingly, the accused persons are entitled to be acquitted under section ...summons case. In this connexion we may refer to section 2(x) of the Cr. P.C 1973 defining a warrant case. The definition is as follows:“‘Warrant case’ means...case in exercise of his power under section 256 Cr. P.C In the result the appeal will succeed. Hence ordered that the appeal against the order of acquittal is allowed on...

...challenging the said order of acquittal.3. Learned Counsel for the revision petitioner contended that exercise of power under Section 256 of Cr. P.C is improper, cognizance of a su...not necessary, the Magistrate may dispense with his attendance, and proceed with the case.”A comparison of Section 247 of the old Code and Section 256 of the New Code makes it clea...complaints of crime.In T.N Jayarajan v. Jayarajan, Justice M.M Pareed Pillay (as he then was) considering the scope and purport of Section 256 Cr. P.C in a case a...

...referred to in Section 256 Cr. P.C, has to be understood as the one whose sworn statement was recorded under Sec. 200 Cr. P.C This view finds support from the decision in Nanilal ...cause for non-appearance of the complainant, if the complainant is absent, the Magistrate has to make an order of acquittal. Sub-section (2) of Section 256 Cr. P.C, says: the...complainant's son, could be allowed to prosecute the case.7. Section 256 Cr. P.C, deals with the absence of the complainant and the consequences thereof. It reads as...

...not present on a number of days; petitions under Section 256, Cr. P.C were filed, and the case was adjourned. Even thereafter, for four consecutive hearings, i.e on 2-8.... Therefore, the accused was acquitted exercising power under Section 256(1), Cr. P.C3. Aggrieved against the said order, the present appeal has been filed.4. The learned...1. This is an appeal against the order of acquittal for an offence under Section 138 of the Negotiable Instruments Act.2. The impugned order reveals that the complainant was...

...default the complaint petition filed in the case and acquitting the accused persons (the present respondents) under Section 256(1), Cr. P.C.2. The fact giving rise...Section 256(1), Cr. P.C4. None appeared for the respondents at the time of hearing.5. The materials portion of the impugned order is quoted below...complainant is absent, the Magistrate is bound to acquit the accused under Section 256(1), Cr. P.C. The provisions of that sub-section do not suggest that the order of acquittal...

...(the present respondents) of the charges under Sections 448134 and 427/34, I.P.C under Section 256, Cr. P.C2. The impugned order dated 4-1-1985 is quoted below...put up on 4-1-1985 for fixing a date of hearing. Accused persons represented today are as before.”4. “Under Section 256 Cr. P.C, when the complainant is...256 Cr. P.C (corresponding to Section 247 of the old Code) is not intended to serve as a shortcut for the trial Courts to dismiss cases by snap judgments. The power to dismiss the case is...

...section 256, Cr. P.C.2. In the above factual backdrop, the question to be determined is whether the learned Magistrate was justified in puttirg an end to the litigation in...order which, in my opinion, has caused grave injustice to the complainant.4. At this juncture, reference may be made to section 256, Cr. P.C as to what...orders Court can pass in a summons case due to non-appearance of the complainant. For better appreciation, section 256, Cr. P.C is reproduced hereunder:—“256...

... 11 CPC read with Section 256 of the Rajasthan Tenancy Act, 1955 (2 of 3) [CR-136/2018] was filed before the learned Court below. In the application, it is, inter-alia, averred that the land in..., learned Court below), whereby learned Court below has dismissed their application under Order 7 Rule 11 CPC read with Section 256 of the Rajasthan Tenancy Act, 1955 in a suit...Order 01/10/2018 Petitioner-defendants have preferred this revision petition under Section 115 CPC to challenge order dated 31.07.2018 passed by Civil Judge, Pratapgarh (for short...

...in Shyamlal Mohanlal v. State of Gujarat AIR 1965 SC 1251, (1965) 2 SCR 457, (1965) 2 Cr LJ 256, and an earlier decis...AIR 1965 SC 1251, (1965) 2 SCR 457, (1965) 2 Cr LJ 256. However, as this case is not directly relatable to a summons issued under ...AIR 1965 SC 1251, (1965) 2 SCR 457, (1965) 2 Cr LJ 256 one must proceed on the basis that a summons to produce a thing or document as ...

....32 of 2017 (G.R. No.256 of 2017), subject to the conditions laid down under section 438 (2) Cr. P.C. (Anil Kumar Choudhary, J.) ...For the Petitioner : Mrs. Nitu Sinha, Advocate For the State : Addl. P.P. ---- 2/25.07.2017 Apprehending his arrest, the petitioner has moved this Court for grant of...privilege of anticipatory bail in connection with Hiranpur P.S. Case No.32 of 2017 (G.R. No.256 of 2017) registered under Sections 379, 411 of the Indian Penal Code...

...section 438 (2) Cr. P.C. In case, the petitioners deposit the ad interim victim compensation amount in the court of learned Sub-Divisional Judicial Magistrate, Ramgarh, the court...privilege of anticipatory bail in connection with Complain Case No. 256 of 2016 registered under sections 354B/511/323 of the Indian Penal Code. Heard learned counsel...braid of the complainant - opposite party no.2 Fatma Khatoon and thrashed her on the ground and also outraged the modesty of the informant by trying to remove her clothes. It is, further, submitted on...

...complaint was dismissed under Section 256 Cr. P.C and directing the Magistrate to decide the case in accordance with law.2. The learned C.J.M held that the...Section 256 Cr. P.C4. The revisional court held that the Magistrate had reserve of discretion but he had dismissed the complaint without any reason whether discretion should be...jurisdiction and the order passed by the Sessions Judge is without jurisdiction.6. It is true that the order of the dismissal of the complaint under Section 256 Cr...

...Judicial Magistrate, Ramgarh in connection with Patratu (Bhadaninagar) P.S. Case No. 256 of 2016 (G. R. No. 1040 of 2016 ) subject to the conditions laid down under section 438 (2) Cr. P.C....of privilege of anticipatory bail in connection with Patratu (Bhadaninagar) P.S. Case No. 256 of 2016 (G. R. No. 1040 of 2016 ) registered under Sections 147, 148, 149, 341, 353...