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Tag: CrPC 256 – Non Appearance Or Death Of Complainant

Vishal Noble Singh Vs State of Uttar Pradesh on 24 Jan 2024

Posted on June 29, 2024 by ShadesOfKnife

A division bench of Apex Court held as follows

From Para 14,

14. The contents of the FIR as well as the chargesheet would have to be read in light of the ingredients mentioned in the aforesaid Sections and in light of the facts and circumstances of these cases. The FIR as well as the charge-sheet have invoked Sections 406, 419, 420, 467, 468, 471 and Section 120B of the IPC. The aforesaid Sections are reproduced above. We fail to understand as to how the allegations against the appellants herein could be brought within the scope and ambit of the aforesaid sections.

From Para 17,

17. On a reading of the FIR as well as the charge-sheet, we do not find that the offences aforestated is made out at all. We do not find any criminal breach of trust nor any cheating by impersonation. There is also no cheating and dishonestly inducing delivery of property, nor has any documents referred to any forgery or security or any forgery for the purpose of cheating. There is no reference to any document which has been forged so as to be used as a genuine document and much less is as there any criminal conspiracy which can be imputed to the appellants herein in the absence of any offence being made out vis-a-vis the aforesaid Sections.

From Para 19,

19. On a careful consideration of the aforementioned judicial dicta, we find that none of the offences alleged against the Accused-Appellants herein is made out. In fact, we find that the allegations of criminal intent and other allegations against the Accused-Appellants herein have been made with a malafide intent and therefore, the judgment of this Court in the case of Bhajan Lal and particularly sub-paragraphs 1, 3, 5 and 7 of paragraph 102, extracted above, squarely apply to the facts of these cases. It is neither expedient nor in the interest of justice to permit the present prosecution to continue.

From Paras 21-23,

21. We find that in recent years the machinery of criminal justice is being misused by certain persons for their vested interests and for achieving their oblique motives and agenda. Courts have therefore to be vigilant against such tendencies and ensure that acts of omission and commission having an adverse impact on the fabric of our society must be nipped in the bud.
22. We say so for the reason that while the second respondent-complainant has made grave allegations against the appellants herein and on whose behalf a charge-sheet has also been filed against such allegations has failed to appear before this Court to justify the same. Such acts would not only cause deep fissures and mistrust between people and also unnecessarily burden the law courts and the criminal justice system.
23. We are constrained to make the aforesaid observations particularly having regard to the fact that the second Respondent complainant having made the allegations against the appellants and others has failed to appear before this Court to justify the same. The non-appearance of the second respondent before this Court is indicative of his prejudicial attitude and temperament and his inability to justify any of the allegations against the appellants herein and therefore his absence in this proceeding.

Vishal Noble Singh Vs State of Uttar Pradesh on 24 Jan 2024
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 256 - Non Appearance Or Death Of Complainant Non-Reportable Judgement or Order Vishal Noble Singh Vs State of Uttar Pradesh | Leave a comment

K.Niranjani Vs R.T.Dinesh on 25 June, 2012

Posted on November 7, 2018 by ShadesOfKnife

The Metropolitan Magistrate had dismissed the DVC due to absence of the complainant on 1 date and acquitted the husband under 256 CrPC with this reasoning.

From Para 7,

Admittedly, on 19.10.2010, due to non-appearance of the complainant/appellant herein, complaint was dismissed and the accused were acquitted, against the same only, the present appeal has been preferred. While perusing the order, the learned XV Metropolitan Magistrate has specifically mentioned as follows:
“Complainant absent. No representation. Respondent 1 present. Respondents 2 & 3 are absent. Petition u/s 317 Cr.P.C. filed allowed. Direction issued by the Fast Track Court to dispose within the stipulated time. Even after specific direction to appear & proceed with the case complainant is absent. No representation. Hence complaint is dismissed. Accused are acquitted.

The Hon’ble High Court of Madras has set aside the acquittal order with this reasoning picked from Hon’ble Supreme Court judgment from 2004. There is a later judgment from Hon’ble Supreme Court in 2008 on same subject here.

From Para 8,

At this juncture, it is appropriate to consider the decision relied upon by the learned counsel for the appellant reported in 2004 (1) CTC 689 (R.Sekar v. S.Rajendran) in para-4, it reads as follows:
“4.The Supreme Court in the case in Associated Cement Co. Ltd. Vs. Keshjvanand 1998 Crl.L.R. 856 has held as follows:
“Two constraints are imposed on the Court for exercising the power under section 256. First is, if the Court thinks that in a situation it is proper to adjourn the hearing, then the Magistrate shall not acquit the accused. Second is, when the Magistrate considers that personal attendance of the complainant is not necessary on that day, the Magistrate has the power to dispense with his attendance and proceed with the case. When the Court notices that the complainant is absent on a particular day, the Court must consider whether personal attendance of the complainant is essential on that day for the progress of the case and also whether the situation does not justify the case being adjourned to another date due to any other reason. If the situation does not justify the case being adjourned the Court is free to dismiss the complaint and acquit the accused. But if the presence of the complainant on that date was quite unnecessary, then resorting to the step of axing down the complaint may not be proper exercise of power envisaged in the Section. The discretion must, therefore, be exercised judicially and fairly without impairing the cause of administration of criminal justice.“

K.Niranjani Vs R.T.Dinesh on 25 June, 2012

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Posted in High Court of Madras Judgment or Order or Notification | Tagged CrPC 256 - Non Appearance Or Death Of Complainant K.Niranjani Vs R.T.Dinesh PWDV Act - Acquittal Order Set Aside PWDV Act Sec 12(5) - Dispose In 60 Days | Leave a comment

S.Anand Vs Vasumathi Chandrasekar on 14 February, 2008

Posted on November 7, 2018 by ShadesOfKnife

Crucial judgment from Hon’ble Apex Court in regards to when can a case be dismissed for default under 256 CrPC.

In simple terms, if the examination/enquiry stage has started in a case and then there is absenteeism from complainant, Hon’ble magistrate is expected to proceed with the case on merit and dispose it accordingly. Dismissal for default is not to be invoked at the stage.

From Para 10,

Section 256 of the Code provides for disposal of a complaint in default. It entails in acquittal. But, the question which arises for consideration is as to whether the said provision could have been resorted to in the facts of the case as the witnesses on behalf of complainant have already been examined.

From Para 13,

Furthermore, when the prosecution has closed its case and the accused has been examined under Section 311 of the Code of Criminal Procedure, the court was required to pass a judgment on merit of the matter.

S.Anand Vs Vasumathi Chandrasekar on 14 February, 2008

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Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 256 - Non Appearance Or Death Of Complainant S.Anand Vs Vasumathi Chandrasekar Sandeep Pamarati | Leave a comment

CrPC 256 – Non appearance or death of complainant

Posted on November 7, 2018 by ShadesOfKnife

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.

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Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 256 - Non Appearance Or Death Of Complainant | Leave a comment

Sakthivel Vs Subramaniyan on 15 December, 2016

Posted on November 7, 2018 by ShadesOfKnife

In this case in front of Hon’ble High Court of Madras, it was held that “a Court of Law is to deliver a substantial Justice to the parties to secure the ends of Justice. A shortcut approach adopted by the trial Court resulting in dismissal of the complaint really would cause disaster effect on the complaint filed by the Appellant/Complainant.”

Meaning, instead of acquitting the accused based on attendance aspect by dismissing the complaint, the trial court magistrate must have proceeded further with case on merits.

Sakthivel Vs Subramaniyan on 15 December, 2016
Posted in High Court of Madras Judgment or Order or Notification | Tagged CrPC 256 - Non Appearance Or Death Of Complainant CrPC 309 - Power to Postpone or Adjourn Proceedings Sakthivel Vs Subramaniyan | Leave a comment

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