Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Anil Kumar – Appellant
Versus
Jaswant Singh – Respondent
JUDGMENT :
Manisha Batra, J. (Oral)
The instant petition has been filed under Section 482 of the Code of Criminal Procedure (For short "Cr.P.C.") seeking quashing of Criminal Complaint No.51 of 2008 titled as Jaswant Singh v. Anil Kumar and others, filed under Section 323 of IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (For short the SC&ST Act'), the order dated 03.06.2015 (Annexure P-10) passed by the Court of learned Additional Sessions Judge, Mohali in Criminal Revision No.58 of 2014 whereby the order dated 26.05.2014 passed in the aforementioned complaint thereby dismissing the complaint had been set aside and permission was granted to the respondent-complainant to lead additional evidence as well as the order dated 19.10.2015 passed in the aforementioned complaint by the trial Magistrate whereby the present petitioners except Pankaj Kumar Gupta had been summoned to face trial for commission of aforementioned offences.
2. For the sake of continuity and coherence, the parties shall be nominated as per their original nomenclature as given during the course of trial.
3. The facts relevant for the purpose of disposal of this petiti
The main legal point established in the judgment is that the accused has a right to be heard in a revision petition challenging the order of dismissal of complaint, even if no process has been issued....
A complaint dismissed before registration does not bar a subsequent complaint on the same facts, provided it is not dismissed on merit.
The accused has a right to be heard in revisional proceedings if the complaint is dismissed under Section 203 of the Cr.P.C.
The SC/ST Act should not be invoked for civil disputes, and criminal proceedings must not be misused for personal vendettas.
Criminal Courts lack the power to review their own orders, and dismissal for non-prosecution is justified when the complainant fails to appear consistently.
The withdrawal of a complaint amounts to acquittal of the accused, and a second complaint on the same facts and cause of action is not maintainable. The revisional court's power is limited to procedu....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
