AI Overview...
- Dismissal of Section 242 2 CrPC - Can be Challenged by De Facto Complainant
The references indicate that a de facto complainant (the person who initiates a criminal complaint) generally does not have the right to challenge dismissals or orders under Section 242 of the Criminal Procedure Code (CrPC). Courts have held that orders dismissing charges or complaints are primarily procedural and can be challenged by the prosecution or accused through appropriate appellate or revisional remedies, not directly by the de facto complainant.
For instance, in Kamal Kumar Kothari VS State Of Tripura - Tripura, the court discusses the maintainability of applications under Section 482 CrPC after a revisional order, emphasizing procedural limits on who can challenge such orders. Similarly, P. Kalpana VS State of Telangana - Andhra Pradesh highlights that de facto complainants cannot claim relief under Sections 439 or 482 CrPC for dismissals, as these provisions are meant for accused or prosecution. - Analysis and Conclusion:
Based on the cited case law, the dismissal of a complaint or charges under Section 242 of CrPC cannot typically be challenged directly by the de facto complainant. Instead, such challenges are reserved for the accused or the State through appellate or revisional proceedings. The de facto complainant's role is primarily as a complainant and not as a party with standing to challenge procedural dismissals in courts.
[References: Kamal Kumar Kothari VS State Of Tripura - Tripura, P. Kalpana VS State of Telangana - Andhra Pradesh]
Search Results for "Dismissal of Section 242 2 Crpc can be Challenged by Defacto Complainant"
2023 0 Supreme(Kar) 306 • India - Karnataka
V. SRISHANANDA
Criminal Procedure Code, 1973 - Section 482, 173 – Indian Penal Code, 1860 - Section 406, 420 - Constitution ... of India, 1950 - Article 21 - Karnataka Protection of Interest of Deposits in Financial Establishment Act 2004 - Section 9 - Quash ... necessarily result in abuse of process of law - Therefore, a case is made out by petitioner to exercise powers vested in this Court under Section ... the petitioner herein, suitable report as is contemplated under Section 173 of Cr.....
2020 0 Supreme(J&K) 462 • India - Jammu and Kashmir
JAVED IQBAL WANI
Constitution of India,1950 – Article 20(2) – Criminal Procedure Code,1973 – Section 561-A,202,203,204,403,401,397 ... Ltd." before this court on premise that complaints /complaint and 174/complaint had been filed by complainant/respondent under Section ... and 482 – Negotiable Instrument Act – Section 138,142 and 142(1)(b) – Ranbir Penal Code,1932 – Section 420 - Premises - Two petitions ... defacto complainant. ... Sectio....
2025 0 Supreme(SC) 2099 • India - Supreme Court
B. V. NAGARATHNA, R. MAHADEVAN
(Paras 11.2, 11.3, 11.4, 11. 5 and 11.6) (B) Criminal Procedure Code, 1973 – Section 439(2) – Scheduled Castes ... (Paras 11.7, 11.9, 12, 12.3, 12.4 and 12.5) (C) Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 242 [Section ... Procedure Code, 1973 – Section 439(2) – Grant of bail – Appeal against – Case registered for offences under sections 147, 148, 447 ... The dismissal of the bail petition....
2016 0 Supreme(AP) 733 • India - Andhra Pradesh
M.SATYANARAYANA MURTHY
– de facto complainant under section 439, 482 code of criminal procedure claiming multiple relief – the complaint was filed against ... Code of criminal procedure section 439, 482 – Indian penal code section 34, 120B, 420, 438, 468, 471 – A criminal petition filed ... grant of anticipatory bail to respondent number 2 who was charged under section 420, 468, 471, 34, 120B Indian penal code –petitioner ... ORDER : ... The de-facto complainant#....
• India - Tripura
ARINDAM LODH
* The application under Section 482 CrPC was maintainable even after dismissal of a revisional application by the Court of Sessions ... Whether the application under Section 482 CrPC was maintainable after dismissal of a revisional application by the Court of Sessions ... Whether the earlier application filed by the petitioners under Section 482 CrPC was a bar to the subsequent application? 2. ... which is again challenge....
2023 0 Supreme(Mad) 588 • India - Madras
G. CHANDRASEKHARAN
Joint Complaint - Quashing of Charge Sheet - Sections 120(b), 419, 420, 465, 467, 468 & 471 of IPC - 1931 SCC OnLine Cal 34, MANU ... It is seen that the offences concerned in those Criminal Appeals are Sections 376, 417, 493 and 506(ii) IPC. On the basis of the complaint given by defacto complainant, first information report in Crime No. 135 of 2000 came to be registered for the offence under section 417 IPC. ... The case instituted otherwise than on police report commences with the complaint given by ....
2017 0 Supreme(AP) 202 • India - Andhra Pradesh
B.SIVA SANKARA RAO
judge has no power to review previous dismissal or closed order in view of specific bar under Section 362 Cr.P.C. ... 12 of the PC Act for there is nothing to show any abetment by A.5 or A.6 inducing de facto complainant to commit any of offences ... —None of offences made out against them either under Sections 420 & 409 R/W.34 or even under section 13(1)(d) r/w.13(2) of PC Act—Even ... The petitioner/defacto-complainant filed prese....
• India - Crimes
A.HARIPRASAD
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Extra ordinary power of Court has to be exercised with great amount ... who had passed earlier order—Petitioner’s earlier two anticipatory bail application were rejected by High Court in the case under Section ... There are specific allegations against the petitioner that he was armed with a dangerous weapon, viz., an iron rod and he unleashed attack on the defacto complainant causing serious injuries. 4. ... Sub-section (#H....
2017 0 Supreme(Mad) 4176 • India - Madras
P.VELMURUGAN
Constitution of India,1950 - Article 41 and 142 – Indian Penal Code,1860 - Section 120 (B) r/w 218 – Criminal ... No - Thus, according to respondent/complainant, petitioner registered a false case and manipulated records - Held, Court should apply ... Procedure Code,1973 - Section 176 , 173 and 154 – Offence of criminal conspiracy - Charge-sheet - False case - Case against the ... During the investigation, the Investigation Officer recorded the statement of the said defacto complainant....
2016 0 Supreme(AP) 388 • India - Andhra Pradesh
B.SIVA SANKARA RAO
defacto-Complainant Dr.Chigurupati claims that he and his wife Smt.Padmasri are the promoters of M/s.Zenotech Laboratories Limited ... Indian Penal Code, 1860 – Sections 120B, 420 – Criminal Procedure Code, 1973 – Section 482 and .397(3) – ... 482 CrPC – Order accordingly. ... In fact against the SARFAESI Act proceedings, the defacto-Complainant filed Writ Petition that was ended in dismissal and the defacto-#HL_ST....
Filter by Legal Phrase
