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TMI Blog1987 (7) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... t batta expenses for issuance of process to the respondent had not been paid, challenges the correctness of the above order in the present revision. Since the matter has been disposed of by the trial court even before the accused had appeared, notice is not given to the respondent. In view of the decision of this court in Thiyagarajan v. Ayyamperumal [1983] L. W. (Crl.) 212, wherein the learned judge held that, in a revision against dismissal under section 203, Criminal Procedure Code, notice to the accused need not be sent and the accused need not be heard. What would apply to a dismissal under section 203, Criminal Procedure Code, would also apply to a dismissal under section 204(4), Criminal Procedure Code. As stated earlier, the com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dure Code, would not apply since, under the Criminal Rules of Practice, the Income-tax Department is exempted from paying process fees and that, therefore, the order of dismissal under section 204(4), Criminal Procedure Code, could not be justified. It is seen that the original non-bailable warrant issued against the respondent on April 15, 1986, had neither been cancelled nor had it been executed. While so, again on June 28, 1986, a fresh non-bailable warrant has been issued by the court. That had to be executed on or before July 30, 1986. On that day, the trial court adjourned the matter. The " A " diary for the adjournments from July 30, 1986, is as follows : " 30-7-1986 Single accused. N. B. W. pending call on 28-8-1986. 28-8-1986 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint." Rule 378 of the Criminal Rules of Practice is to the effect that no fees shall be levied on processes issued upon complaints by public servants or officers of servants of a railway administration acting in their official capacity which under section 72, clause (xiv) of the Madras Court-fees and Suits Valuation Act, 1955, are exempt from complaint fees. Under section 72(xiv) of the Madras Court-fees and Suits Valuation Act, 1955, complaint of a public servant as defined in the Indian Penal Code (Central Act XLV of 1860), is exempt from complaint fees. It, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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