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Shambasiv (n/a)     31 March 2010

Dismissal of complaint for not executing NBW

In 138 proceedings, NBW was pending against the accused, but the same could not be executed. However, the court has dismissed the complaint under Section 203 CrPC on the score that the NBW was not executed. Whether it is possible? Whether a appeal would lie against the said judgment or one can approach the High Court under Section 482 of Cr.P.C? Please clarify the correct position with judgments if any?



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 12 Replies

Arvind Singh Chauhan (advocate)     31 March 2010

I think your query is not clear. Court can not dismiss complaint on non execution of NBW. It may be if the complainant is not taking further steps or not appearing. If it is so revision before session judge may lie against the order of dismissal of complaint.

Devajyoti Barman (Advocate)     31 March 2010

The order seems to be totally devoid of any legal principles making it absolutely bad. You can approach either the sessions court or the high court in revision for setting aside the order.

G. ARAVINTHAN (Legal Consultant / Solicitor)     31 March 2010

complaint dismissed ok. accused acquitted or not?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     25 May 2010

There will be revision and file will be restored.

RAJESH KUMAR.J (ADVOCATE)     23 August 2011

AS PER NEW SC CASES NBW CANT ISSUE AGAINST ACCUSED ONLY DISTRESS WARRANT WILL BE ISSUE

Kiran (manager)     24 August 2011

@ Rajesh Kumar

Sir what is distress warrant exactly

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     24 August 2011

after dismissal only revision and less possibility of restoration.

RAJESH KUMAR.J (ADVOCATE)     24 August 2011

ATTACHMENT OF MOVABLES AND IMMOVABLES IS DISTRESS WARRANT

Kiran (manager)     26 August 2011

Thanks  a Lot Sir,

Sir what if the person is not having any movable  or immovable property in his or her name. Then what will be the outcome of distress warrant.

madhu mittal (director)     26 August 2011

Sir,

I have got restored my complaint at trial court level itself by showing some paras of some citations. I am enclsoing herewith those for your ready reference, those may be helpful to you.


Attached File : 82244 205090 10 imp restoration.doc downloaded: 57 times

(Guest)

File a Revision petition before highcourt for restoration u/s  397 of Cr.P.c.

Advocate. Arunagiri (Advocate High Court Madras.)     01 September 2011

Your case was dismissed for non appearance. If the complainant had not appearaed during the hearing the magistrate ought to order notice. If the complainant is absent even on that date, he can dismiss the case.

 

In your case it seems the magistrate had dismissed without sending notice.


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