dismissal of criminal complaint u/s 354

If you are aggrieved by the decision of CJM, you may have to pefer an appeal before the district court  against the decision and seek to set aside the same, to remand and conduct fresh trial or the appellate court to decide.

Move in appeal before District Sessions court.

Hi Narendra Ji, I’m Adv. Niharika and here is my take on your query.

The remedy to your case is Revision as laid under sec. 401 of CrPC which reads as “High Court’s Power of Revision”. As your complaint was dismissed by the CJM, the authority to which you can file for Revision is the Sessions Judge. By virtue of S. 398, 399 and 401 read with 482 CrPC, the sessions judge enjoys the same powers of Revision as that of a High Court. In a recent judgment of the Hon’ble SC Rajendra Rajoria v. Jagat Narayn Thapak & Ors. (Decided on 23 Feb 2018, Criminal Appeal No. 312 of 2018) which bears similar facts as your case. The order was passed to exercise the revisional powers of the Court. The lower court dismissed the case and a further inquiry was directed, summons sent to the parties.

I hope this information helps and for further quesries, you can contact me via email at niharikalohan@yahoo.com