Legal Question in Criminal Law in India

Disissal of Complaint

A Metropolitan Magistrate court had taken a statement in oath of a person who filed a complaint and that of a witness. Later not satisfied had dismissed the petition under sec 203 of Code of Criminal Procedure. While a copy application can be made for the dismissal order, there is no clear view as to whether application can be made for the copy of the statements made on oath. Can an appeal be made to the superior court against the dismissal order and if so on what section of the code? Can the superior court order of the subordinate court that dismissed to send to it the main complaint along with the statements recorded?


Asked on 4/09/09, 7:10 am

4 Answers from Attorneys
Pranav Desai PD Legal & Associates

Re: Disissal of Complaint

Yes, the order of dismissal can be revised by the superior court u/s 397 of Cr.P C. Before deciding the application the superior court will cal for the R&P of the proceedings of the lower court.

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Answered on 4/13/09, 5:22 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Disissal of Complaint

One can file Revision against the order U/s.203 Cr.P.C. before the court of sessions U/s.397 Cr.P.C.

For hearing of a Revision, the court of sessions will call for entire Record & Proceedings before the magistrate.

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Answered on 4/10/09, 3:15 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Disissal of Complaint

contact a local lawyer

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Answered on 4/10/09, 8:14 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Disissal of Complaint

The dismissal of complaint amounts to "discharge" of the respondents/accused. You may obtain certified copy of the order as also the statement/s.

There may not be any right of appeal against the order of discharge; however, an application for "leave to appeal" may be maintainable in the High Court.

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Answered on 4/09/09, 7:55 am


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