Compalaint dismiss in default before statement

Gaurav Sahai Saxena (Querist) 09 August 2016 This query is : Resolved
Application u/s 156(3) crpc moved in court, order to register a complaint passed by court. On 1st date for statement u/s200crpc complainant was not present and CJM dismiss the complaint.
1 Can complaint be dismiss at this stage.
2 It not, please provide provisions.

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N.K.Assumi (Expert) 10 August 2016
The use of the Word "May" in that section significantly implies the indications the discreations of the Magistrate, in exercising his judicial wisdom to register or not. In case of refusal of registering the complaint, it does not amount to res jud.icata and filing of complaint will not be barred.

Gaurav Sahai Saxena (Querist) 10 August 2016
Complaint registered . Magistrate dismissed complaint before recording statement u/s 200 crpc. Can magistrate do that?

Rajendra K Goyal (Expert) 10 August 2016
Repeated query:

http://www.lawyersclubindia.com/experts/Compalaint-dismiss-in-default-611346.asp

R.K Nanda (Expert) 10 August 2016
Repeated query.

Kumar Doab (Expert) 10 August 2016
Why to repeat?

N.K.Assumi (Expert) 20 August 2016
You may enter the query in the top right dialog Box ‘Search’ Enter your query there and press the Key Enter: to find all the previous answered to the query.

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