Dismissal of Criminal Case | Case Reference

Dismissal

When a complaint case is dismissed under section 203 Cr.P.C. and against such dismissal a revision under sections 435 and 439A Cr.P.C. is filed before the Sessions Judge, the legal and proper course open to the revisional Court, if the order of dismissal is found unjust and improper, is to order for holding a further enquiry under section 436. Cr.P.C. and not to make an order of revival of the case. Ferdous Mondal and others Vs. The State and another, 17BLD (AD) 228

Dismissal

After a criminal appeal is admitted it is required to be disposed of only on merit. A criminal appeal cannot be dismissed for default. Md. Kamal Miah alias Nasim Vs. The State and another, 18BLD (HCD) 187

Dismissal

In view of the provision of section 423(1) (bb)of the Code in an appeal for enhancement of the appellate Court may enhance the sentence but such enhancement cannot be made unless the accused is given an opportunity of showing cause against such enhancement. Mizanur Rahman Vs. Mst. Surma Khatun, 18BLD (HCD)512