1978 CRI. L. J. 1430 ::1978 ALL. L. J. 251 ::1978 AllCriR 126 ::1978 AllCriC 150 ::1978 All WC 217

Supreme Court Of India

Hon'ble Judge(s): V. N. Varma , J

(A) Criminal P.C. (2 of 1974) , S.204(4)— Dismissal of complaint for non-payment of process fee - Offence cognizable and no process fee required under law - Accused already summoned - Complaint cannot be dismissed. Where the accused was summoned for trial under S.436 I.P.C. a cognizable offence, the Magistrate could not dismiss the complaint for non-deposit of process fee by the complainant because, in a case under S.436, the law does not provide that the complainant has to pay any process fee for summoning the accused.(Para 3) Anno: AIR Comm. Criminal P. C. (7th Edn.), S.204 N. 24. (B) Criminal P.C. (2 of 1974) , S.204— Dismissal of complaint - Offence under S.436 I.P.C. registered and accused summoned - Complaint cannot be dismissed for non-appearance of complainant under S.204 of Criminal Procedure Code. (Para 3) (C) Criminal P.C. (2 of 1974) , S.202— Case triable exclusively by Court of Session - Summoning of accused -Stage. If a case triable exclusively by the Court of Session is instituted on a complaint, the accused should be summoned only when the Magistrate has called upon the complainant to produce all his wi....