AI Overview...
- Remedy against Order of Acquittal under Section 256 Cr.P.C.
- Main Points:
- The primary remedy available to a complainant against an order of acquittal under Section 256 Cr.P.C. is to file an appeal (01400022784, 02500116647, 00400023157, 01300036891).
- Revisions against such acquittals are generally considered improper; courts emphasize that appeals are the correct procedure (00400023157, 01300036891).
- In some cases, courts have clarified that once an order of acquittal under Section 256 is passed, the remedy is limited to appeal, and inherent jurisdiction under Section 482 Cr.P.C. is not applicable (02500116647, 00400025702).
- The legality and validity of the order are often upheld if it complies with the provisions of Section 256, and the remedy of appeal must be exercised within the prescribed limits (01800005957).
- Revisions or restorations are generally not permissible against acquittals under Section 256, emphasizing the importance of pursuing an appeal for challenging such orders (00400023157, 01300036891).
- Analysis and Conclusion:
- The consensus across the sources indicates that the main remedy against an order of acquittal under Section 256 Cr.P.C. is to file an appeal under Section 378(4) of the Cr.P.C.
- Revisions or other inherent jurisdiction remedies are generally not applicable or are considered improper in this context.
- Courts stress the importance of adhering to the appellate route for challenging acquittals to ensure proper legal remedy and avoid procedural errors.
- Therefore, a complainant wishing to challenge an acquittal under Section 256 should prefer an appeal within the statutory period, as revisional or suo-motu remedies are not suitable or available in such cases.
References: - Chandana Das VS Sukumar Dutta - Gauhati - Sunil Kumar VS State of U. P. - Allahabad - Om Gayatri and Co. VS State of maharashtra - Bombay - C.H. SALEEM Vs HEMALATHA - Kerala - Sivadasan VS Harish - Dishonour Of Cheque - SYED SADIQ ALI HUSSAINI VS SHEIKH VAZIR PATEL - Bombay - Bariya Sureshbhai Manabhai VS State Of Gujarat - Gujarat - Om Gayatri and Company VS State of Maharashtra - Dishonour Of Cheque - H. P. Agro Industries Corporation Ltd. VS M. P. S. Chawla - Crimes - HIM ADVANCES AND SAVINGS PVT. LTD. VS RAVINDER KUMAR GUPTA - Himachal Pradesh
Search Results for "Remedy against Order of Acquittal under Section 256 Crpc"
• India - Gauhati
PARAN KUMAR PHUKAN
that when an order of acquittal has been passed under Section 256 Cr.P.C - Only remedy complainant would have, to file an appeal ... recall order passed by him - For aforesaid reasons and considering Sections 256 and 378 of Code of Criminal Procedure, I am of view ... Indian Penal Code,1860 - Sections 323/427/506/511/34 – Criminal Procedure Code,1973 - Sections ....
2023 0 Supreme(All) 2144 • India - Allahabad
UMESH CHANDRA SHARMA
The remedy available for the complainant was by way of appeal against the acquittal. ... of appeal against an acquittal, a petitioner cannot invoke inherent jurisdiction under Section 482 Cr.P.C. ... ... ... Ratio Decidendi: The court affirmed that in cases of acquittal under Section 256, the complainant must pursue an appeal, ... The High Court of Himachal Pradesh concluded that if an order of acquittal has been....
2005 0 Supreme(Bom) 1481 • India - Bombay
S.P.KUKDAY
Criminal Procedure Code, 1973 - Section 256(1) Order of acquittal passed under Section 256(1) Remedy of the complainant is to prefer ... The Sessions Judge had no jurisdiction to entertain a revision against an order of acquittal passed under Section 256(1) of Criminal ... Once this order has been passed, the remedy of the com....
2007 Supreme(Online)(KER) 24992 • India - High Court of Kerala
R.BASANT, J
Ratio Decidendi: The court ruled that a revision from an order of acquittal under Section 256 Cr.P.C. was improper as a remedy ... of acquittal under Section 256 is appealable, not revisable, and emphasized the necessity of assessing justice and miscarriage in ... Finding of the Court: The court found that the revisional order was challenged improperly under Section 401(4) Cr.P.C#HL_E....
• India - Dishonour Of Cheque
ALEXANDER THOMAS
of complaint for default of complainant—Remedy against—Whether order of acquittal rendered by trial court under Section 256(1) of ... judgment/order of acquittal rendered under Section 256(1) of Cr.P.C is illegal and improper. ... of acquittal rendered under section 256(1) of the Cr.P.C , 1973is illegal and improper. ... So, the next issue to b....
1980 0 Supreme(Bom) 189 • India - Bombay
S.W.PURANIK
Whether the petitioner had any remedy to challenge the order of acquittal? 3. ... The court held that the petitioner had no remedy to challenge the order of acquittal as the order of acquittal was not appealable ... CRIMINAL PROCEDURE CODE, 1973 - SECTION 256 - SECTION 482 - INHERENT JURISDICTION - RESTORATION OF CASE - ACQUITTAL - APPEAL AGAINST ... same, confi....
2022 0 Supreme(Guj) 1628 • India - Gujarat
GITA GOPI
order of acquittal under section 378(4) of Cr.P.C – Simple order of dismissal of case without any scope of restoring same would drag ... leads to acquittal of accused, and once an accused has been acquitted in offence, law provide a remedy by way of appeal against ... Criminal Procedure Code, 1973 – Section 256, 378, 378(4) – N.I. ... The learned trial Court Judge ought to have kept in mind that the order....
• India - Dishonour Of Cheque
S.P.KUKDAY
Act - Jurisdiction of Revision against Order of Acquittal - Section 138 of Negotiable Instruments Act, 1988 - Section 256(1) of Cr.P.C ... Issues: The main issue was whether a revision can be filed against the order of acquittal passed under Section 256 of Cr.P.C ... The order passed by the learned Sessions Judge in entertaining the revision against an order of....
• India - Crimes
R.L.KHURANA
P.C. - It entailed acquittal of accused Remedy was, by way of appeal u/s 378(4) Cr. ... (i) Criminal Procedure Code, 1973 - Section 256 - Dismissal of complaint u/s 138 Negotiable Instruments Act for non-appearance of ... (Para 10) ... (ii) Criminal Procedure Code, 1973 - Section 482 - Dismissal ... There is no denying that the dismissal of the complaint in default under Section 256 of the Code of Crimin....
2002 0 Supreme(HP) 82 • India - Himachal Pradesh
M.R.VERMA
Criminal Procedure - Acquittal - The court held that the order of acquittal under Section 256 of the Code of Criminal Procedure ... Finding of the Court: The court found that the order of acquittal was valid as per Section 256 of the Code, and the ... Issues: The issue was the validity of the order of acquittal under Section 256 of the Code ....
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