Legal Question in Criminal Law in India
when a criminal case is dismissed for non prosecution how to restore the same either in session court or high court under what provision law
3 Answers from Attorneys
May be by invoking 482 Cr.P.C.
there is no provision in Crpc for restoration of a criminal case dismissed due to default. you may approach the high court as advised above.
sir, in my opinion, it would depend upon the type of case - warrant trial, summons trial or summary trial. Accordingly, the procedure would apply. If it is summons/summary one, then dismissal of complaint in default is considered acquittal of the accused and one needs to file an appeal against acquittal and not an application under 482 Cr p C. Under warrant trial, normally, the court has no discreation to dismiss the complaint in default. thought that would also depend upon the stage of the trial. Be as that it may, the court has to continue with the case even in absential. so here in warrant trial, one may go for 482 cr pc if the complaint has been dismissed in default which otherwise could not have been done so by the court.
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