New Delhi: Lamenting that magistrates of criminal courts lack power to restore complaints dismissed by default, a government-appointed law panel has recommended
changes in the Code of Criminal Procedure allowing their restoration.
In its latest report submitted to the Law Ministry, the Law Commission has said that certain sections of the CrPC should be amended enabling restoration of complaints dismissed for failure of the complainant to appear before the court on the day of hearing.
It said the complainant should show "good or sufficient" cause for his or her absence before the magistrate "re-summons the accused to face the trial on merits".
"If a magistrate has the power to entertain a complaint and decide it on merits after summoning the accused, he should also have power to restore it on good and sufficient cause being shown and re-summon the accused to face the trial on merits," the Commission said in its 233rd report submitted yesterday.
The panel, headed by Justice A R Lakshmanan, said since the criminal courts have no power to restore a complaint dismissed by default, people have to approach the High Court to get it restored.