Showing : 1-4 of 4 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 256, Indian Penal Code, 1860, Section 500-- Second complaint - First complaint dismissed for default - Second complaint on same set of facts - Once first complaint is dismissed for non prosecution, which amounts to acquittal of accused u/s 256 Cr.P.C. then second verbatim complaint is not maintainable...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 203-- Second complaint on same set of facts - Not barred in exceptional circumstances when matter is not decided on merit - Special circumstances are (1) Manifest error; (ii) Manifest miscarriage of justice and (iii) New facts, of which complainant had knowledge, but could not be brought on record by..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 256-- Complaint - Dismissal of complaint in default - Magistrate has no power to review/recall such order of dismissal - However, revisional/appellate Court or High Court in exercise of its power u/s 482 Cr.P.C. can set aside such order, if complainant explains his non appearance on the particular day..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 202, 203, 256-- Complaint in summons case - Complaint can be dismissed - (i) On receipt of a complaint for an offence, without recording the statement of the complainant or his witnesses, if the Judicial Magistrate comes to the conclusion that the contents of the complaint itself do not disclose any offence or..........

Showing : 1-4 of 4 Results