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Maira   03 February 2024

Section 125 crpc and section 256 crpc

Can an application filled under section 125 crpc be dismissed by applying section 256 of crpc...

The applicant has been constantly absent and is there any other remdey that can be seeked in such case....

What all provisions can be helpful in this case


 2 Replies

Dr. J C Vashista (Advocate )     04 February 2024

Provisions of Section 256 CrPC empowers the Magistrate to acquit the accused if the complainant fails to appear on date / time / place of summoning, which provides:

S. 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.


Maira   04 February 2024

I want to know wether section 125 will come under the ambit of section 256 


As section 125 clearly states that it is application following which the person filing the application will be applicant


And section 256 talks about complaint and complainants

My query is can applicant be considered under complainants 

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