web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: PWDV Act – Acquittal Order Set Aside

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

[related_posts_by_tax title=”5 Recently Updated Posts, Similar or Related To Above Post” orderby=”post_modified” posts_per_page=”5″ show_date=”true”]

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

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Pravasi Legal Cell Vs Union of India and Ors on 20 Mar 2023 March 28, 2023
  • Bijumon and Ors Vs The New India Assurance Co on 28 Feb 2023 March 9, 2023
  • Jai Prakash Tiwari Vs State of Madhya Pradesh on 04 Aug 2022 March 8, 2023
  • Ayush Mahendra Vs State of Telangana on 05 Jan 2021 March 8, 2023
  • Premchand Vs State of Maharashtra on 03 Mar 2023 March 8, 2023

Most Read Posts

  • Ratandeep Singh Ahuja Vs Harpreet Kaur on 11 Oct 2022 (1,169 views)
  • Sandeep Pamarati Vs State of AP and Anr on 29 Sep 2022 (Disposal of DVC in 60 days) (1,154 views)
  • Abbas Hatimbhai Kagalwala Vs The State of Maharashtra and Anr on 23 Aug 2022 (1,082 views)
  • XYZ Vs State of Madhya Pradesh and Ors on 05 Aug 2022 (1,008 views)
  • Mukesh Singh versus State of Uttar Pradesh on 30 Sep 2022 (815 views)
  • Joginder Singh Vs Rajwinder Kaur on 29 Oct 2022 (806 views)
  • Ram Kumar Vs State of UP and Ors on 28 Sep 2022 (532 views)
  • Vangala Kasturi Rangacharyulu Vs Central Bureau of Investigation on 27 Sep 2021 (436 views)
  • Udho Thakur Vs State of Jharkhand on 29 Sep 2022 (434 views)
  • Altaf Ahmad Zargar and Anr Vs Sana Alias Ruksana and Anr on 02 Sep 2022 (428 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (333)Reportable Judgement or Order (329)Landmark Case (319)2-Judge (Division) Bench Decision (268)Work-In-Progress Article (218)Catena of Landmark Judgments Referred/Cited to (217)1-Judge Bench Decision (151)Sandeep Pamarati (88)3-Judge (Full) Bench Decision (83)Article 21 - Protection of life and personal liberty (75)Issued or Recommended Guidelines or Directions or Protocols to be followed (54)Perjury Under 340 CrPC (53)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (51)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (46)CrPC 482 - Quash (38)Not Authentic copy hence to be replaced (35)Advocate Antics (34)Rules of the Act/Ordinance/Notification/Circular (33)IPC 498a - Not Made Out (32)

Categories

Supreme Court of India Judgment or Order or Notification (640)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (299)High Court of Andhra Pradesh Judgment or Order or Notification (160)High Court of Delhi Judgment or Order or Notification (108)High Court of Bombay Judgment or Order or Notification (91)High Court of Karnataka Judgment or Order or Notification (66)General Study Material (54)High Court of Madras Judgment or Order or Notification (53)Assorted Court Judgments or Orders or Notifications (48)Prakasam DV Cases (46)LLB Study Material (45)High Court of Punjab & Haryana Judgment or Order or Notification (45)Judicial Activism (for Public Benefit) (41)High Court of Allahabad Judgment or Order or Notification (40)District or Sessions or Magistrate Court Judgment or Order or Notification (38)High Court of Kerala Judgment or Order or Notification (31)High Court of Gujarat Judgment or Order or Notification (26)High Court of Madhya Pradesh Judgment or Order or Notification (25)High Court of Calcutta Judgment or Order or Notification (18)High Court of Patna Judgment or Order or Notification (17)

Recent Comments

  • ShadesOfKnife on Sanjay Bhardwaj and Ors Vs The State and Anr on 27 August 2010
  • G Reddeppa on Sanjay Bhardwaj and Ors Vs The State and Anr on 27 August 2010
  • ShadesOfKnife on Beena MS Vs Shino G Babu on 04 Feb 2022
  • Vincent on Beena MS Vs Shino G Babu on 04 Feb 2022
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (102)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • IAH (Houston) on 2023-04-06 April 6, 2023
    THIS IS A SCHEDULED EVENT Apr 6, 07:00 - 13:00 UTCMar 28, 12:41 UTCScheduled - We will be performing scheduled maintenance in IAH (Houston) datacenter on 2023-04-06 between 07:00 and 13:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]
  • HEL (Helsinki) on 2023-04-06 April 6, 2023
    THIS IS A SCHEDULED EVENT Apr 6, 00:00 - 06:00 UTCMar 28, 12:41 UTCScheduled - We will be performing scheduled maintenance in HEL (Helsinki) datacenter on 2023-04-06 between 00:00 and 06:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]
  • SJC (San Jose) on 2023-04-04 April 4, 2023
    THIS IS A SCHEDULED EVENT Apr 4, 09:00 - 13:00 UTCMar 27, 22:00 UTCScheduled - We will be performing scheduled maintenance in SJC (San Jose) datacenter on 2023-04-04 between 09:00 and 13:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window […]

RSS List of Spam Server IPs from Project Honeypot

  • 103.192.228.222 | SD March 27, 2023
    Event: Bad Event | Total: 18,539 | First: 2017-04-19 | Last: 2023-03-27
  • 103.192.228.127 | SD March 27, 2023
    Event: Bad Event | Total: 16,135 | First: 2017-01-15 | Last: 2023-03-27
  • 103.192.228.45 | SD March 27, 2023
    Event: Bad Event | Total: 16,445 | First: 2017-01-15 | Last: 2023-03-27
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 1014 access attempts in the last 7 days.

pixel