Restoration of complaint case
Kunal Sarkar
(Querist) 13 December 2013
This query is : Resolved
One complainant filed a complaint case against her husband and in-laws under section 498 (A) of IPC and court after completion inquiry took cognizance of the case and issue process against the accused person.
Accordingly the accused persons are appeared before the court and took bail and the court fixed another date for evidence before charge.
The complainant obtain several adjournments on various grounds last the court reject the petition of the complainant and as the complainant failed to bring her witnesses after availing several opportunity the court passed an order to filed the case for non-prosecution.
Thereafter the complainant after 3 months engaged another Advocate and filed a petition to restore the aforesaid complaint case showing some medical ground and according the court restore the complaint case from its file and issue process against the accused persons by fixing another date for evidence before charge.
Now my question is :
a) Whether there is any provision in Cr.P.C. to restore a criminal case by the same court, if so under which provision ?
b) whether the order passed by the court is right ?
c) Can the same court entertain such petition for restoration of criminal case that too in absence of accused person ?
d) what is the remedy of the accused person in this circumstances ?
Dr J C Vashista
(Expert) 14 December 2013
Yes a criminal case can be restored by the same court.
b) The order passed by the court can be challaged, otherwise no impunginity.
c) It is the same court which can entertain such petition for restoration of criminal case, however, notice has to be issued to the accused.
d) In this circumstances the order passed by the court can be challanged in a revision petition and/or contest.
malipeddi jaggarao
(Expert) 14 December 2013
Clear reply from Dr.Vashista. No more to add.
prabhakar singh
(Expert) 14 December 2013
Cr.P.C's Sections 249 and 256 are the relevant provisions in which amendment was suggested by report of law 233 rd report of Law commission,but i am not aware they got amended or enforced or not as i do not practice criminal branch of law.
Nadeem Qureshi
(Expert) 14 December 2013
Restoration or revision is not maintainable, only appeal can lie before appellate court.
Devajyoti Barman
(Expert) 14 December 2013
1. Well restoration of case under criminal jurisprudence is not possible.
2.Yes, absolutely.
3. No
4. File revision in sessions or high court.
R.K Nanda
(Expert) 14 December 2013
agree with experts.
ajay sethi
(Expert) 14 December 2013
agree with barman
Guest
(Expert) 14 December 2013
Agree with Shri Barman.
Rajendra K Goyal
(Expert) 14 December 2013
Well advised by the expert Devajyoti Barman ji.
T. Kalaiselvan, Advocate
(Expert) 14 December 2013
If the court has not dismissed the complaint there are chances for restoration on the basis of some substantial grounds/evidences from the complainant's side. However, the accused should have been given a notice for his counter or objections, if any, if not given then it is against the principles of natural justice. A revision petition before the high court is maintainable.
