CrPC Section 502
CrPC Section 502 – Order for dismissal of complaint for default of prosecution
Text of Section 502 (simplified):
"If the complainant fails to appear in court or does not proceed with the prosecution of a case, the court may dismiss the complaint."
Explanation:
Key Concepts:
Complainant: The person who files the complaint or initiates the case.
Default of prosecution: When the complainant fails to appear in court or fails to take necessary steps to continue the case.
Dismissal of complaint: The court can terminate the proceedings due to inaction.
Purpose of Section 502:
Ensures that the courts’ time is not wasted by complaints that are not actively pursued.
Encourages complainants to proceed diligently with their cases.
Prevents unnecessary delay in the judicial system.
Procedure under Section 502:
If the complainant does not appear in court despite being summoned, or does not take steps to continue the case, the court may:
Issue a notice to the complainant.
Give an opportunity to explain the absence.
If no satisfactory explanation is given, dismiss the complaint.
Legal Effect:
Once the complaint is dismissed, the case is terminated.
The complainant can sometimes file a fresh complaint, but repeated defaults may weaken the case.
Protects the accused from prolonged uncertainty due to inactive complaints.
✅ In short:
Section 502 allows the court to dismiss a complaint if the complainant fails to appear or proceed with the case, ensuring that judicial time is not wasted and the accused is not unnecessarily kept in legal limbo.
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