Advocates: SRI S.G. RAJENDRA REDDY, P. PRASANNA KUMAR.
nia s. 138 – CrPC S. 70(2) – Once warrants has been issued, the complaint can not be dismissed for non prosecution – Trial Court has committed error in dismissing the complaint for the reason that once NBW has been issued by the competent Court to secure the presence of the accused, the question of taking further steps and dismissing the complaint for default does not arise – As per Section 70(2) of Cr.P.C., once the warrant has been issued, until the warrant is cancelled by the said Court and until execution of charge- sheet, it remains in force – Complaint could not have been dismissed for default.
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