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RAM MANOHAR NARAYAN MISHRA
Rajan Yadav – Appellant
Versus
State Of U. P. – Respondent
| Table of Content |
|---|
| 1. factual background regarding complaint dismissal (Para 3 , 4 , 5 , 6) |
| 2. arguments on complaint dismissal's procedural issues (Para 7 , 8 , 9) |
| 3. court observations on revisional proceedings legitimacy (Para 10 , 11 , 12) |
| 4. legal standard for dismissal under cr.p.c. section 203 (Para 13) |
| 5. discussion on the interpretation of section 203 of cr.p.c. (Para 14) |
| 6. final conclusion and order for case proceedings (Para 15 , 16) |
JUDGMENT :
Ram Manohar Narayan Mishra, J.
1. Counter affidavit filed on behalf of respondent no.2 is taken on record.
2. Heard learned counsel for the petitioner, learned counsel for the respondent nos.2 and 3, learned A.G.A. for the State and perused the record.
3. The instant petition filed under Article 227 of the Constitution of India has been filed by the petitioner against order dated 11.10.2017 passed by learned Additional Sessions Judge, Court No.9, Gorakhpur in Criminal Revision No.21 of 2017 as well as order dated 29.05.2017 passed by learned Chief Judicial Magisrate Ist, Gorakhpur.
4. By impugned order dated 29.05.2017, the Chief Judicial Magistrate Ist, Gorakhpur dismissed the complaint filed by the petitioner under section 203 Cr.P.C. Prior
The absence of a complainant pursuing a revision does not justify dismissal of the complaint under Section 203, and revisions against orders treating applications under Section 156(3) as complaints a....
Criminal Courts lack the power to review their own orders, and dismissal for non-prosecution is justified when the complainant fails to appear consistently.
Magistrate has to always apply his mind on the allegations in the complaint where he may use his powers under Section 156(3) Cr. P.C. In this connection, it may be immediately added that where in an ....
A complaint dismissed before registration does not bar a subsequent complaint on the same facts, provided it is not dismissed on merit.
The main legal point established in the judgment is the exclusive jurisdiction of the Court in altering or adding charges and committing the case to the Court of Session, as well as the limitations o....
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