Aravind Kumar Gunda (BOE) 12 August 2023

Dismissed for default - accused was discharged under 256 cr.p.c in a private complaint (200 crpc)

Can an accused be discharged by the court under section 256 CrPC in a private complaint (Sec 200 CrPC)?

Details:

A private complaint was registered against the accused under section 200 CrPC in 2013, the accused never appeared any single time before the court till 2019, but the complainant was appearing regularly and contesting the case to seek justice.

Eventually, the court issued NBW against the accused, but the accused intentionally did not comply the court order and did not appear the court, but the complaint was regularly appearing before the court and contest the case.

End of the day, the court decided to dismiss the complaint as default under section 256 CrPC for non-appearance of the accused though the complaint was appearing before the court regularly contesting the case.

After the court wrongly dismissed the complaint as default, the complainant approached to the High Court and filed criminal appeal to restore the case.

One day, the accused spoke with the complainant on a phone call and said that the accused didn't comply the court order intentionally and didn't appear before the court, and was laughing, there is a phone recording as evidence.

What kind of legal action must be taken against the accused other than criminal appeal which was filed at HC?

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 13 August 2023

If the complainant had been regularly appearing before court then the court cannot dismiss the complaint under section 256 cr.p.c.

Section 256 CrPC contemplates dismissal on default of complainant. It provides that the Court may, after issuance of summons, if the complainant does not appear, acquit the accused unless for some reason it thinks it proper to adjourn the hearing of the case to some other day.

Since you have already filed an appeal, you may wait for the disposal by high coourt in this regard.

Dr. J C Vashista (Advocate ) 13 August 2023

There must be some reason other than "non-appearance of the accused" for dismissal of complaint in default wherein it (complaint) is stated to have been proceeded regularly.

Unbelievable statement.

Recheck facts and orders.

Aravind Kumar Gunda (BOE) 13 August 2023

Sir,

Order Says:

The accused called absent. The complainant called present. The counsel for the complainant failing to take appropriate steps to ensure the presence of the accused before the court, and intentional drag the matter with insufficient grounds of the matter pertaining to year 2013, the matter is coming only for the appearance of accused since so many years, in view of the long pendency of the matter and inability of the complainant to ensure the presence of the accused before the court. The complaint is dismissed for default U/Sec. 256 Cr.P.C.

My questions are:

1. How did the court say that my lawyer failed to take appropriate steps, when my lawyer took all the appropriate steps for the presence of the accused before the court, there was NBW pending for execution, based on my lawyer's request, the court also appointed advocate commissioner to execute the NBW order, the advocate commissioner went to the accused house but the accused was absonding, the advocate commissioner filed the report with all the details of the accused?

2. How did the court say without the trial happened, that I was intentionally dragging the matter with insufficient grounds of the matter pertaining to year 2013, the matter is coming only for the appearance of accused since so many years? how did the court decide that my complaint was with insufficient ground without the trial in a criminal case? I was waiting to present all my evidences before the court during the time of the trial, but the trial didn't happen at all.

3. If a criminal case is pending for years, how does the court decide to dismiss the complaint in default without the trial when the complaint is presenting regularly? and whose job is to ensure the accused should present before the court?