Shambasiv
31 March 2010 at 20:38
In 138 proceedings, NBW was pending against the accused, but the same could not be executed. However, the court has dismissed the complaint under Section 203 CrPC on the score that the NBW was not executed. Whether it is possible? Whether a appeal would lie against the said judgment or one can approach the High Court under Section 482 of Cr.P.C? Please clarify the correct position with judgments if any?
Dismissal of complaint for non-execution of NBW
In 138 proceedings, NBW was pending against the accused, but the same could not be executed. However, the court has dismissed the complaint under Section 203 CrPC on the score that the NBW was not executed. Whether it is possible? Whether a appeal would lie against the said judgment or one can approach the High Court under Section 482 of Cr.P.C? Please clarify the correct position with judgments if any?