Querist :
Anonymous
(Querist) 18 September 2011
This query is : Resolved
In 156(3) 200, Criminal Complaint was filed. Now Complainant intentionally delaying matter by not producing witness .How many dates can Complainant enjoy the liberty .Can the CC be dismissed on the same grounds .
Raj Kumar Makkad
(Expert) 18 September 2011
If complainant do not continuously disobey the direction of court to produce his evidence, his opportunity shall be closed and matter shall be fixed for further proceeding and its entire benefit shall go in favour of accused.
Biswanath Roy
(Expert) 18 September 2011
Allowing time in a criminal case depends upon the discretion of the court.In a criminal case if the complainant fails to produce witnesses reasonable opportunity to be given to the complainant for the same. The remedy lies in the state High Court.
Devajyoti Barman
(Expert) 18 September 2011
There is no limit of dates. It depends upon how long the court allows the time. The complaint can not be dismissed if the delay is long and willful but definitely the court can close the evidence .
So press for closure of evidence of the complainant.
ajay sethi
(Expert) 18 September 2011
i agree it is at the discretion of the court . if witness remains absent for number of dates the court may direct closure of evidence
Advocate. Arunagiri
(Expert) 18 September 2011
You can approach the high court, seek direction for disposal of the case within a fixed time.
prabhakar singh
(Expert) 18 September 2011
i agree with Mr. Sethi!and Mr, Barman too, who will approach to High court,accused???
Shailesh Kumar Shah
(Expert) 18 September 2011
File Writ Under Article 227 of the Constitution of India to get direction for speedy disposal of case, preferably within a time frame.
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