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https://www.lawweb.in/2015/10/whether-dismissal-of-complaint-case-for.html
Oct 11, 2015 · Criminal - non-appearance - Sections 249 and 256 (1) of Criminal Procedure Code, 1973 - dismissal of complaint for non-appearance of complainant in warrant case would result in discharge - it would be final Order - dismissal of complaint for non-appearance of complainant in summons case would result in acquittal - it would also be final Order - in absence of any specific provision in Criminal ...
https://advocatemmmohan.com/2016/08/02/when-a-complaint-case-is-dismissed-by-the-magistrate-for-non-appearance-of-the-complainant-or-his-counsel-and-the-accused-is-acquitted-then-the-magistrate-cannot-exercise-any-inherent-power-to-restor/
when a complaint case is dismissed by the Magistrate for non-appearance of the complainant or his counsel and the accused is acquitted, then the Magistrate cannot exercise any inherent power to restore the case in the absence of any specific provisions in the Criminal Procedure Code.
https://www.lawyersclubindia.com/forum/Dismissal-of-complain-44454.asp
Oct 28, 2011 · Therefore, so far as the accused is concerned, dismissal of a complaint for non-appearance of the complainant or his discharge or acquittal on the same ground is a final order and in the absence of any specific provision in the Code, a Magistrate cannot exercise any inherent jurisdiction. 3.
https://www.scconline.com/blog/post/2018/06/21/a-complaint-is-not-to-be-dismissed-under-section-256-crpc-for-non-appearance-of-the-complainant-due-to-unavoidable-circumstances/
Jun 21, 2018 · A complaint is not to be dismissed under Section 256 CrPC for non-appearance of the complainant due to unavoidable circumstances; A complaint is not to be dismissed under Section 256 CrPC for non-appearance of the complainant due to unavoidable circumstances. Case …
https://www.centrik.in/rera-case-laws/dismissal-of-complaint-on-non-appearance/
Dismissal of complaint on non appearance, RERA in Uttar Pradesh, UP RERA, UPRERA, Uttar Pradesh. Dismissal of complaint on non appearance. ... The complainant alleged the builder for delayed possession and filed the complaint on the basis that as per the builder buyer agreement, date of possession is 31/8/2017 but the respondent failed and ...
https://www.quora.com/In-a-DVC-interim-maintenance-case-a-petitioner-has-been-absent-consecutively-for-4-hearings-Instead-her-father-is-appearing-on-her-behalf-without-an-advocate-Can-I-press-for-the-dismissal-of-the-case
As proceedings under PWDV act 2005 are civil in nature but conducted as per CRPC it is obvious that said proceedings are quasi criminal in nature.The complainant/ applicant who deos not appear before the Magistrate cannot allow the matter to be ke...
https://www.latestlaws.com/latest-news/cheque-bounce-case-should-not-to-be-dismissed-for-singular-default-in-appearance-of-complainant/
In a given case, by and large, if the complainant or his counsel or both appear regularly on the date of hearings and, if they are interested in early disposal of the case, then the case ought not to be dismissed for singular default of appearance on the part of the complainant and his counsel or both.
https://www.centrik.in/rera-case-laws/dismissal-on-non-appearance/
The complainant has alleged the builder for delay possession and filed a complaint for grant of interest @18% P.A. Held The authority dismissed the case on the grounds that the complaint was not present during the hearings. Authority UP RERA . Month/Year
https://ksandk.com/misc/5752/
Nov 15, 2019 · Dismissal brings the complaint proceedings to an end. No further action/ relief can be provided by the Hon’ble Court, once the complaint gets dismissed and the accused person stands acquitted. The relevant legal provisions are as follows: 256. Non – Appearance or death of Complainant –
https://www.lawweb.in/2017/06/whether-dismissal-of-complaint-in.html
Jun 10, 2017 · After hearing the learned Counsel for the parties, we find that there is some force in the submissions made by learned Counsel appearing for the Appellant and we hold, in the facts of the case, that dismissal of the complaint for non-appearance of the complainant amounts to acquittal as contemplated in Section 256 of the Code of Criminal Procedure.
https://freelegalconsultancy.blogspot.com/2016/08/when-complaint-case-is-dismissed-by.html
Aug 02, 2016 · when a complaint case is dismissed by the Magistrate for non-appearance of the complainant or his counsel and the accused is acquitted, then the Magistrate cannot exercise any inherent power to restore the case in the absence of any specific provisions in …
https://highcourtchd.gov.in/sub_pages/left_menu/Rules_orders/high_court_rules/vol-III-pdf/chap1partF.pdf
cases instituted on complaint without giving complainants full opportunities for appearance. Ordinarily, if a complainant is absent Inclination to dismiss cases in default. Reasons for dismissal in default should be recorded. Instruction to be observed in redismissal of complaints, etc., …
https://mynation.net/docs/10625-2016/
consideration is whether the dismissal of the complaint by the trial court for non- appearance of the petitioner is justified. At this juncture it is relevant to reproduce Section 256 of Cr.P.C., which reads as under: – “256. Non-appearance or death of complainant. – (1) If the summons has been issued on complaint and on
https://www.lawyersclubindia.com/experts/dismissal-of-criminal-complaint--692906.asp
Sep 22, 2018 · 22 September 2018 Mistake of the complainant and his learned advocate, when there was the strike of advocates in the bar, the complainant should have been present in person in the court to take next date, the judge was right to dismiss the complaint on the ground of non appearance of the complainant as well his counsel. Appeal dismissed against the dismissal order too is rightly taken by ...
https://indiankanoon.org/doc/2115628/
Therefore, when the summons have been issued in the complaint case for appearance of the accused or on subsequent date when the accused is present the absence of the complainant leads to dismissal of the complaint and acquittal of the accused. In this regard the relevant paras of the decision in Raja v.
https://www.manilatimes.net/2016/06/15/legal-advice/dearpao/affidavit-of-desistance-cant-guarantee-complaint-dismissal/267991/
Jun 15, 2016 · Affidavit of Desistance can’t guarantee complaint dismissal. By The Manila ... to locate the complainant and his witnesses and to inquire into the reasons for their failure to prosecute the case. “In cases where the culpability of the respondent can be established by evidence other than the testimony of the complainant, non-appearance of ...
https://indiankanoon.org/doc/17290364/
If the complainant is represented by a pleader, then his personal appearance would not be regarded as indispensable. When the complainant is absent on the day appointed for the hearing of the case, the Code does not provide for dismissal of the complaint or discharge of the accused. Because of non-appearance of the complainant, it is not ...
https://www.casemine.com/judgement/in/5609ac20e4b014971140e1ac
In our view, the entire discussion is misplaced. So far as the accused is concerned, dismissal of a complaint for non-appearance of the complainant or his discharge or acquittal on the same ground is a final order and in the absence of any specific provision in the Code, a Magistrate cannot exercise any inherent jurisdiction. 11.
https://www.karnataka.gov.in/lawcommission/Reports/Report%20No.10%20(English%20Version).pdf
the order of dismissal of a complaint by a criminal Court due to the absence of a complainant is a proper order. But the question remains whether a Magistrate can restore a complaint to his file by revoking his earlier order dismissing it for the non-appearance of the complainant and proceed with it
http://www.shareyouressays.com/knowledge/section-256-of-code-of-criminal-procedure-1973-cr-p-c-explained/115013
Article shared by. Legal Provisions of Section 256 of Code of Criminal Procedure, 1973 (Cr.P.C.), India. Non-appearance or death of complainant: This section applies to cases where summons has been issued to the accused on the complaint and the complainant does not appear before the Court on the day appointed for the appearance of the accused.
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