Supreme Court of India · 2007-03-12
SATISH SHARMA vs PINKI DHAWAN
- Citation / case number
- SC 2005/3361
- Court
- Supreme Court of India
- Petitioner
- SATISH SHARMA
- Respondent
- PINKI DHAWAN
- Bench
- K.G. BALAKRISHNAN, R.V. RAVEENDRAN & V.S. SIRPURKAR
Judgment text excerpt
The Supreme Court held that the dismissal of the appellant's earlier complaints under Section 256 of the Criminal Procedure Code (Cr.P.C.) was unwarranted since no summons had been issued in those complaints, and thus the Magistrate's acquittal of the accused was not applicable. The Court clarified that Section 256 Cr.P.C. applies only when summons have been issued, and the absence of the complainant does not lead to dismissal if no cognizance was taken. The Court allowed the appeal, reinstating the third complaint.