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Report No. 141

3.3. Another Allahabad case.-

Another Allahabad case1 may be cited. The petitioners were being prosecuted under section 406, Indian Penal Code, on a private complaint. The complaint was dismissed by the trying Magistrate and the petitioners were discharged under section 203, Cr. P.C., 1973. The complainant filed before the Sessions Judge a revision petition against the order of discharge. The revision petition was dismissed for non-appearance of the complainant's application.

Against this order of dismissal the petitioners filed a revision petition in the High Court. It was held by the Allahabad High Court that the criminal revision, dismissed for default, could be restored and reheard by the Sessions Judge. The dismissal was not a judgment. Further, the Code does not contemplate dismissal of a revision for default.

1. Bishambar Dayal v. State of Uttar Pradesh, 1958 All LJ 489 (490) (R.K. Chowdhary, J.).

Need for amending the Law as regards to the Power of Courts to Restore Criminal Revision Applications and Criminal cases dismissed for Default in Appearance Back

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