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.

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