Trial court powers to dismiss case

Court can dismiss the case for default suo moto

Thanks Adv. Rajeev.

Can you briefly describe what is suo moto & the section associated with it? I would want to give a reference of the same while talking to the judge.

You can put an application to this effect and judge can dismiss the case.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Refer section 256 of Cr.P.C and make an application to the ignorant Magistrate and ger the acquittal on the next date of hearing.

See the provision u/s 256 (1) of Cr.P.C. -

256. Non-appearance or death of complainant -

(1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:

Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.

(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death.

U have just give application no need explain provision.

Regards.

09033275907

Dear Adv. Aslam,

Mr. Ajinkya Stated that, 'He (judge) asked me to present him the section under which he can depose/dismiss the case.'

So the section under which the provision is given important.

Gentlemen,

Do you think by just referring to Section 256 of CrPC, the judge will be convinced?? I have my own doubts though. I also read about DEFAULT SUO MOTO powers of the judge.

Can we take the help of that asking for dismissal of the case?

Please help me

You can use the section and please the court to get favorable order.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

You have mentioned "She does not even turn up for the case proceedings for more than a year.Also, her lawyer was fighting all this while without a valid VAKALATNAMA. Finally the judge agreed to hear me out and I requested him to dismiss the case under "motion of a defendent" after showing valid data to him. He asked me to present him the section under which he can depose/dismiss the case."

Now you file application and present him the section and ask for acquittal.

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