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Wednesday, March 10, 2010

Revisional Court restored complaint and remitted case back to trial Court

2010(1) LAW HERALD (P&H) 223
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rajan Gupta
CRM No. M-17549 of 2009 (O&M)
Suresh & Ors.
v.
Rekha
{Decided on 06/07/2009}
For the Petitioners: Mr. Vikram Singh, Advocate.
Criminal Procedure Code, 1973, S.249--Indian Penal Code, 1860, S.498-A and 506 r/w S.34--Complaint--Dismissal-in-default--Restoration--Non appearance of complainant--Complaint dismissed in default--Magistrate declined to review his own order--Revisional Court restored complaint and remitted case back to trial Court--Revisional Court observed that in view of S.249 Cr.P.C. complaint could not have been dismissed in default--No interference in impugned order in revisional jurisdiction called for. (P.6 & 7)