Missing complainant in criminal transfer matter

yes for hearing it is essential.

How does one trace a fleeing company? What is the alternative remedy?

@Sh Sabarwal

your's is the transfer application in the Session Court. It means your case is pending in same court subordinate to session court.

Since the direction /order has been made so make application to court that the summons may be receipted by hand to lawyer of the case who is coming the court on behalf of complainant.

Or when you appear in the court where case is pending ask the Presiding officer of court to know the present addresss of the complainant.

or if the complainant is not coming in that court then ask the court to quash the complaint and get yourself discharged from the case.

In nut shell since the complainant is not coming it is in your favour. Use this opportunity to get yourself discharged from case.

sanjeev

There is no advocate present before the trial court nor is the party present in person. Our application for discharge is kept pending since several years. Also application under section 256 of CrPC has been kept fixed for hearing since many years due to which we have sought transfer of case. Neither the trial court is acting nor is the District Judge inclined to take a practical view and pass an order in absence of the complainant.

@ Sarbarwal

In the present circumstances you should not have made transfer application. You should have applcation for mentioning the circumstances to Sessions court and get yourself discharged.

Or Go to high court forquashing of complaint u/s 482 and get yourself discharged.

transfer of case is not remedy to your case.

sanjeev

where your case is pending (distt/state) 

Original Complaint is before JMFC while transfer application is before District Court.

It is not the duty of complainant/accused to find out against party. In your case, advice of sanjeev kumar is best one. Try to get discharged by pressing that complainant himself is not interested, so discharge the accused. Normally our judiciary system is titled in favour of accused. It is very strange and surprising that complaint  against you is not being quashed.

Does any one have any High Court or Supreme Court citations which state that it is not the opponents duty to search for the complainants address and it is the complainant who has to take care of his own case!

@sabarwal

yours is a very straight case. Just put the facts before session court or HC. absence of complainant can lead to quashing of case u/s 256 Crpc. when things are written in crpc then why we should bother of presenting case law

Not that easy , first get a report that complainant is not tracable. He may be appearing in lower court and avoiding  process of sessions court.

The complainant is not appearing in any court either in person or thru pleader. Even the advocate on record has filed a No Instruction pursis.

1. Withdraw TP (crl.) Application.
2. File for quash of complaint case showing exceptional hardship.
3. No case law required as certified true copies of Order sheets of respective Courts clubbed with Process Server service Reports and No Instructions Pursis of complainants adv. on record are enough for applicaiton of mind by superior Courts Lordship to either run or quash the alleged complaint case.

Instead of withdrawing the transfer application, if we let the District Judge pass an order saying that it is dismissed since complainant is not traceable will it be of a better value?