The High Court allowed a criminal revision against an order dismissing a complaint in absentia for a cognizable offence under Section 380 IPC. The court held that such dismissal under Section 249 Cr.P.C. is impermissible and the complaint cannot be dismissed without notice to the complainant.
Impugned order of dismissal of complaint set aside.
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Court No. - 28
Case :- CRIMINAL REVISION No. - 2111 of 1998
Revisionist :- Gopi Chand Vishnoi Opposite Party :- State Of U.P. & Others Counsel for Revisionist :- P.C.Srivastav Counsel for Opposite Party :- A.G.A.
Hon'ble Umesh Chandra Tripathi,J.
List has been revised.
Learned counsel for revisionist and opposite party no. 2 are not present to argue the case.
Heard learned A.G.A. for State.
This criminal revision has been preferred against the order dated 10.11.1998 passed by Xth Additional Chief Judicial Magistrate, Meerut in Criminal Case No. 217/1998 (Gopi Chand Vishnoi Vs. Sanjay Agrawal and others) under Sections 447, 448, 380 I.P.C., Police Station- Civil Lines, Meerut, whereby the complaint of complainant is dismissed in his absence.
This criminal revision has been filed on the ground that in warrant trial cases, complaint may be dismissed only under Section 249 Cr.P.C. for offences that may compound or is not cognizable. Offence under Section 380 I.P.C. is cognizable offence and not compoundable.
As per provision of Section 249 Cr.P.C. if offence may be lawfully compounded or is not a cognizable offence, the Magistrate may discharge the accused before framing of charge in proceeding instituted upon complaint.
Present case is instituted upon complaint but offence under Section 380 I.PC. is not legally compounded and is cognizable offence. Therefore, in this case accused cannot be discharged.
In warrant trial cases instituted upon complaint, complaint cannot be dismissed in absence of the complainant.
In view of above, instant criminal revision is allowed.
Impugned order passed by learned trial court is hereby set aside.
Let a certified copy of this order be sent to the court concerned for compliance.
Order Date :- 16.4.2018 Sharad/-
2 issues framed by the court
Whether a complaint may be dismissed under Section 249 Cr.P.C. when the offence is cognizable and not compoundable.
Whether a complaint in a warrant trial can be dismissed in the absence of the complainant.
2 provisions across 2 enactments
Gopi Chand Vishnoi
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
