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Section 256 - Code of Criminal Procedure Act, 1973
256.Non-appearance or death of complainant.-
(1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:
Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.
(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death.
Related Sections
- Section 408: Power of Sessions Judge to transfer cases and appeals
- Section 482: Saving of inherent powers of High Court
- Section 102: Power of police officer to seize certain property
- Section 135: Person to whom order is addressed to obey or show cause
- Section 251: Substance of accusation to be stated