Order on summoning : dismissal of complaint
Vijay Bali
(Querist) 23 January 2013
This query is : Resolved
Kindly Clarify and Oblige :
A. If a Hon'ble Court pronounces an Order /
Judgement under the head 'Order on
Summoning' - it amounts to 'Order under
which of the CrPC' in reference to a
matter under proceedings under section
200 of CrPC, 1973 ?
B. Against a Complaint dismissed under
'Order om Summoning' - an Appeal can be
filed with the Hon'ble Sessions Court ?
And if not, Why ?
C. What is the legal remedy / alternative
available - in case the answer against
above quoted query viz 'B' is 'No' ? :
Take / Assume the 'Order on Summoning'
to be 'Erroneous / Mis-Interpretating /
Skipping the Evidences recorded vide
various 'Pre-evidence Stage' and the
'Status Report' filed - also 'Verifying
and Supporting' the 'Allegations /
Averments' carried in the original
complaint.
D. Please Comment on the Situation - if the
'Respondant / Defendant' straight-away
refuses to file a 'Reply' against
directions 'Through an Order' from a
Hon'ble Court.
Devajyoti Barman
(Expert) 23 January 2013
Revision lies either in the sessions court or the high court.
W/A would be issued.