A Pvt. complaint alleging an offence under section 420 I.P.C. is dismissed by magistrate for default of appearance of the complainant. The complainant files an application seeking restoration of the complaint & assigns sufficient cause for the absence & default. The magistrate
Verified Answer
A. Has no jurisdiction to consider this application
B. Is required to refer the application to H.C. for its consideration
C. Has to seek the permission of the District Judge to considerate the application
D. Is fully empowered to allow the application and direct restoration of the complaint
Explanation:
While the Cr.P.C. does not explicitly provide for restoration of a dismissed complaint for default, courts have generally held that a Magistrate has inherent power to restore a complaint dismissed for default if sufficient cause is shown, to ensure justice.