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Mr_chamku (HR)     05 December 2010

Complainant Not Comming

Hello Sir,

 

What Will be done to case if complainant is not comming even if he is called 2-3 times.

is case can be disposed?

whats the procedures.

 

Thanks



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     06 December 2010

Press to the court for dismissal of the complaint for default

Arvind Singh Chauhan (advocate)     06 December 2010

Yes pray for dismissal of complaint.

Saurabh..V (Law Consultant)     06 December 2010

@Mr_Chamku

 

You have not mentioned on how many incidences the complainant has failed to appear in the court. If the complainant does not appear in the court, the judge is duty bound to ensure his/her presence. He/She at the first instance of such absence would issue notice, then summons, then bailable warrants and finally non-bailable warrants.

 

In my considered view you can press the judge for bailable warrants be issued in the name of the complainant and then you can plead discharge.

 

//peace

/Saurabh.V

Manikantan (junior)     07 December 2010

usaly, in criminal cases instituted on private complaint the complainant has to attend every hearing as much as the accused however exemption can be obtained under Sec 317 of CRPC. But prolonged absence may lead to dismissal and not disposal of the case.


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