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Report No. 141

Chapter V

Position in Regard to Acquittal in the Context of Complainant's Non-Appearance in Summons Cases

5.1. Position under section 256.-

Attention must be drawn to another analogous problem which arises out of section 256 of the Code of Criminal Procedure, 1973, appearing in Chapter 20, dealing with the trial of summons cases. Broadly speaking, cases relating to offences punishable with imprisonment up to two years would fall in this category. Under section 256(1), if, in a summons case not covered by the proviso, the complainant is absent on the date fixed for hearing, the Magistrate must acquit the accused, unless he thinks it proper to adjourn the hearing to another date. And the normal consequences of acquittal under the law follow.

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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