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Report No. 141

1.4. Need for examination of the matter.-

It would, therefore, seem that the matter needs a close look from the point of view of promoting justice which, of course, is the essential objective of any law of procedure. In the succeeding Chapters of this Report it is, therefore, proposed to examine the position in regard to this subject taking note of the relevant statutory provisions in the light of the judicial decisions on the subject.

It is also proposed to examine the analogous situation of a Magistrate dismissing a criminal case and acquitting the accused in cases not covered by the proviso to section 256(1), Cr. P.C. where the complainant fails to appear at the hearing notwithstanding the existence of sufficient cause for failure to appear at such hearing, (section 256 of the Code). and to recommend the appropriate legislative remedy in the light of the discussion.

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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