Dismissal of complaint for non-execution of NBW

Shambasiv (Querist) 31 March 2010 This query is : Resolved
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?

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Arvind Singh Chauhan (Expert) 31 March 2010
I think your query is not clear. Court can not dismiss complaint on non execution of NBW. It may be if the complainant is not taking further steps or not appearing. If it is so revision before session judge may lie against the order of dismissal of complaint.

bhupender sharma (Expert) 31 March 2010
the court may do so under the garb that the complaint is being not pursued deligently or for non prosecution of the same, the only remedy is to file an revision petition.

Raj Kumar Makkad (Expert) 31 March 2010
The remedy in such type of situation is either to file an appeal or petition under section 482 Cr. P. C. before HC as held by Punjab & Haryana High Court in Om Parkash versus Golder Forest India Ltd 2008 (4) RCR (Criminal) 445.

Parveen Kr. Aggarwal (Expert) 31 March 2010
Execution of Warrants of Arrest is an act to be performed on behalf of the court and the complainant has no role therein and for this only, the complainant cannot be penalised by dismissal of the complaint. The dismissal of the ground on this ground is not justified. You may challenge the order by a petition under section 482 of the Code of Criminal Procedure, 1973 or may prefer an appeal thereagainst as suggested by Mr. Raj Kumar Makkad.