Section 256 CrPC cannot be used to dismiss a complaint before cognizance or issuance of summons

Section 256 of the Code of Criminal Procedure, 1973 applies only after cognizance is taken and summons are issued, when the accused is required to appear. A complaint cannot be dismissed under that provision at the pre-cognizance stage, before the case is taken on file or the complainant is put on notice for such dismissal. Because the Magistrate invoked Section 256 before summons and before cognizance, the dismissal was held illegal and was set aside, and the complaint was restored for proceedings in accordance with law.

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Issues: Whether a complaint could be dismissed under Section 256 of the Code of Criminal Procedure, 1973 before cognizance was taken and before summons was issued to the accused, and whether such dismissal was liable to be set aside.

Analysis: Section 256 applies only after summons has been issued on a complaint and the case has reached the stage of appearance of the accused. The dismissal here occurred at the pre-cognizance stage, even before the complaint was taken on file and before the accused entered appearance. In such a situation, the Magistrate could not resort to Section 256, and the power was exercised without the judicial assessment required by the provision. The order was also passed without any basis to show that the complainant was put on notice before the drastic step of dismissal.

Conclusion: The dismissal under Section 256 was illegal and was set aside, and the complaint was directed to be restored for proceeding in accordance with law.

Ratio Decidendi: Section 256 of the Code of Criminal Procedure, 1973 can be invoked only after cognizance is taken and summons is issued to the accused; it cannot be used to dismiss a complaint at the pre-cognizance stage.

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