The Code is procedural in nature and technical flaws and irregularities should not come in the way of adequate justice

proper legal guidance

 Bijay Shankar Mishra vs. State of Jharkhand and Others, September 12, 2023.

 supreme court of india

 The Magistrate has passed the order without understanding the legal consequences as well as the fact that the suit had been pending for more than four years and had proceeded till the stage of final arguments without any objection on territorial jurisdiction.  There was a lapse and proper legal guidance was not given to the complainant.  It was believed that the complainant should not face problems in the absence of proper legal aid.  Procedural defect/omission was one remedy, and was not sufficient due to lack of subject-matter jurisdiction.  The Code is procedural in nature and technical flaws and irregularities should not come in the way of adequate justice.