Dismissal of complaint

rishabh (Querist) 08 October 2013 This query is : Resolved
Dear experts,
I filed a complaint u/s 200 crpc.
The complaint was dismissed after examination on oath starisht away.
The reason given was that, the documentary evidence produced was not reliable and no other evidences could be produced by me to make out a case.
This was done without complying with provisions of sec.202 crpc and it was conceded by the M.M.that, there was a specific allegation of forgery.
M.M.nowhere says that, the complaint or evidence is patently absurd or does not spell out any offence to be tried.

In such situation, is it permissible to dismiss the complaint on merits without calling upon enquiry/investigation u/s 202 crpc,whilst the bare perusal of section 203 reveals that the complaint could be dismissed only after consideration of statements u/s200 and result enquiry or investigation(if any) u/s202crpc ?

Kindly quote recent citation also, I wld be grateful.

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Rajendra K Goyal (Expert) 08 October 2013
You may file appeal. Consult your lawyer.

Sarvesh Kumar Sharma Advocate (Expert) 08 October 2013
Kanak lata naath v/s pramod kumar 2002 cr.l.j. Noc 66urisa

Sarvesh Kumar Sharma Advocate (Expert) 08 October 2013
Nirmal jeet v/s satate of bangal 1973 acc 181

R.K Nanda (Expert) 08 October 2013
nothing to add.

Raj Kumar Makkad (Expert) 09 October 2013
You have already been provided with the desired judgments so no more to add.

rishabh (Querist) 12 October 2013
please tell me, whether my contention is justified ?
Can a complaint be dismissed without complying with provisions of sec.202?

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