138 nit complain by mistek rejected under section 256 cr.p.c.
Dirgesh kumar sharma
(Querist) 17 July 2013
This query is : Resolved
My Query is jmfc 138 NIT complain Ragisterd and Summons of appear for accused Next dt 12-06-13 in Ragisterd Panji. but case is 11-06-13 by mistek hearing and dismmis for non appearing to complenent. is remedy u/s 397 cr.p.c Revision Or High court in appile?
I am filled aginest District Court U/s 397 For Rivision. any citetion and sujjetion pl....
ajay sethi
(Expert) 17 July 2013
if complaint has been dismissed for non appearance then you have to move high court under section 482 . Cr Pc . once complaint is dismissed magistrate has no powers to restore complaint as he becomes functus offico and has no inherent powers to restore complaint dismissed for default
However, under Section 482, Cr.P.C. the Court is not merely guided by the technicalities, in order to achieve the ends of justice. The Court has discretionary power to enquire into the facts and by any valid excusable reason the petitioner's absence is explained on equitable considerations, relief under Section 482, Cr.P.C. can be granted.
Rajendra K Goyal
(Expert) 17 July 2013
Agree with the expert nothing more to add.
