Private complaint case dismissed due to absence of complainant

[Anonymous]

A private complaint case has been dismissed since the complainant was not present in the court and his advocate was also missing from the court. What can be done to restart this private complaint case since the accused person has got the benefit and has been let off by the trial court?

[Dr. Ashok Dhamija]

Under the provisions of the Criminal Procedure Code, a magistrate does not have the power to recall his order or review his order. In this particular case, the order passed by the magistrate dismissing the complaint and discharging/acquitting the accused is a final order and the magistrate cannot recall this order or review such order.

Therefore, you may have to file an application for revision of this order before the sessions court or the High Court. Where the revision application is not maintainable, an application under Section 482 of the Criminal Procedure Code may be filed before the High Court.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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