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nilesh joshi   08 July 2017

Can cases under crpc 125 be dismissed under cpc order 9 rul

Please advice that case was filled uner CRPC 125 which is now four year old. Respodent has filled the reply 3.5 year back. Applicant has not submitted evidences or reply on oath (jubani).

  1. Respodent has filled five exhibit applications to close the stage of the applicant and further move the case. order is not done
  2. Being grieved; respodent approached to high court, receved order to decide the applications at the earliest.
  3. high court order is submitted to the family court.
  4. after this last 3 dates; neither applicant nor her advocate present in the court hearing. 3 exhibit application is given to close the case and further dispose to application. no order done.

Question: Can CRPC 125 application dismissed as per the order 9 rule 8 or any other act. if so then please share the details. what further can be done to dimiss the application exhibit no. 1

thanks 



Learning

 6 Replies

Siddharth Srivastava (Advocate)     08 July 2017

Yes court has the power to dismiss the case u/s. 125 Cr. P. C. on the ground of non appearance of petition and her advocate.

nilesh joshi   08 July 2017

Dear Sir

Two questions:

1. if it can be dismissed then under which section order 9 rule 8 or judge's descritory power or any other section.  

2.  in the next date advocate is present then can our previous application be consdiered 

 

Azhagananth (Lawyer)     09 July 2017

Yes court has the power to dismiss any case for non appearance of petitioner alone
 

 

Azhagananth (Lawyer)     09 July 2017

what further can be done to dimiss the application exhibit no. 1? narrate.

 

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     09 July 2017

S.256 of cr.p.c. (not under Order IX of C.P.C.) gives the magistrate to dismiss the complaint for default and non-prosecution, if complainant does not appear.  Move application under this section.  It can be restored if complainant comes out with application satisfying the court for her non-appearance on  earlier occasions.

Siddharth Srivastava (Advocate)     09 July 2017

It can be dismissed under 256 Cr. P. C. Yes if on next date the advocate appear then court may resume due proceeding.


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