258 CrPC

Lawyer Daman 09825947684

Dear All,

As you know, Under section 258 of Cr.P.C. a summons case instituted otherwise than upon complaint, proceeding can be stopped ny Magistrate.

So my question is, which is the provision of Cr.P.C. to stop proceeding of summons case institutaed on private complaint?

 
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ADVOCATE & DIRECTOR

CR.P.C 203 , BUT THE POWER AND SATISFACTION  IS WITH MAGISTRATE TO DISMISS THE COMPLAINT.

EVEN THE OBJECTION MEMO UNDER CR.P.C 202,204 ALSO LEADS TO SAME STAY OF PROCEEDINGS AND POSTPONEMENT OF ISSUENCE  OF PROCESS.

 
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I don't agree with Mr. Pjanardhana Reddy because section 203 or 202 or 204 of Cr.P.C. are for use of inquiry of a complaint by a Magistrate which has been filed u/s 200 of Cr.P.C. There is no such provision as sec.258 Cr.P.C. for a summon case instituted on private complaint ,there are other sections for private complaint cases.like sec. 256 & 257.

 
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ADVOCATE & DIRECTOR

 

THE CR.P.C 256 AND 257 ARE NOT FOR STAY OF PROCEEDINGS

256. Non-appearance or death of complainant.

(1) If the summons has been issued on complaint and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall notwithstanding anything hereinbefore contained, acquit the accused unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:

Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.

(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death.

Mr.Samir asked about how to stay the proceedings in crminal case instituted as private complaint- but the below sections say--


 

257. Withdrawal of complaint.

If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.
 
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Samir Ji

File application before  the Magistrate who in whose court the case has been instituted. If accepted (not likely) then case will be stoppted. If not accepted ie rejected then challenge the proceedings u/s 397 before the distt judge.

Mr Bechara.................... 

 
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Samir Ji

File denial application of contents of compliant  before  the Magistrate who in whose court the case has been instituted. If accepted (not likely) then case will be stoppted. If not accepted ie rejected then challenge the proceedings u/s 397 before the distt judge on the basis of order of court (rejection order).

Mr Bechara.................... 

 
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u/s. 258 of Cr.p.c. applicable on the summery cases. court frame charge of the accused & thereafter matter is fixed for evidence of the complainant side. non-appearance of the complainant 5-6 times. move the application for stop the proceeding u/s. 258.

 
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