Sa dispense
B S Kainth
(Querist) 27 November 2012
This query is : Resolved
Respected Members ,
I would like to put-up my query which is as follows "In Complaint case ,If complainant fail to establish his allegation on accuse which are written in the complaint ,can the statement of accuse be dispensed" If yes U/s ? any judgment for reference ?
With Regards
B Kainth
Sorry, I was unable to explain the circumstances .I am elaborating my query which is :-
1. Complaint was filed u/s156/3(200) CRPC
2. Pre Charge summoning was made in the absence in accuse
3. Later accuse came to know that Lawyer of complainant got typed the statement on its own.
4. At the stage of chief and cross examination all the witnesses of complainant and complainant himself failed to prove what they had said in pre charge statement.
5. Now it’s time for the statement of accuse
can the statement of accuse be dispensed" If yes U/s ? any judgment for reference ?
Raj Kumar Makkad
(Expert) 28 November 2012
Section 203 of Criminal Procedure Code is very clear which says that If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under section 202, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing. So there is no question of statement of accused in such matter.
Supreme Court of India
Chandra Deo Singh vs Prokash Chandra Bose & Anr on 22 January, 1963
Equivalent citations: 1963 AIR 1430, 1964 SCR (1) 639
Raj Kumar Makkad
(Expert) 28 November 2012
Statement under section 313 of Criminal procedure Code is held only if any adverse material has been brought against the accused person in the evidence of the prosecution.
