https://www.taxtmi.com/caselaws?id=424129 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. en-us Mon, 06 Jun 2022 00:00:00 +0530 Thu, 23 Jun 2022 09:43:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=424129 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. Case-Laws Indian Laws Mon, 06 Jun 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=424129