Case s/c 306
Joyjoyee Sen
(Querist) 02 November 2010
This query is : Resolved
Sir
If after issuing Warrent the complaint and the witnesses doesn't come on the next fixed date of the cross examination then generally what action is taken from court.
Please suggest
s.subramanian
(Expert) 02 November 2010
If they are produced before court on warrant and if they do not take any step to recall the warrant,the court will remand them to custody.
pawan sharma
(Expert) 02 November 2010
if the warrent was issued for prodution of witnesses when they appear on warrent, the purpose of the warrent is compleat so the court after record the evidence release them.
Devajyoti Barman
(Expert) 02 November 2010
Nothing, the court would wait till the execution of the arrest warrant.
Joyjoyee Sen
(Querist) 02 November 2010
Sir can you tell me how long it can take to execute the arrest warrant. On the previous date of cross (this was their 3rd date) they did not come and judge ordered to issue warrant. please suggest.
Arvind Singh Chauhan
(Expert) 02 November 2010
I go with Pawan Sharma Sir.
One more option court has that, it may issue notice under Sec 350 Cr.P.C. against such witness and may take cognizance against the witness.
H. S. Thukral
(Expert) 02 November 2010
Since it is a complaint case, the accused can be acquitted too.
Arun Kumar Bhagat
(Expert) 02 November 2010
Warrant is a coercive process to compel the attendance of a person. If before the execution of the warrant, warrantee appears in court then he shall be asked to furnish bail bond with a condition to remain present on the date fixed for the purpose of his cross-examination. If the conduct of the warrantee is bad then the court may keep him in judicial custody for few days too. It shall be better for the warrantee to surrender earlier.
Raj Kumar Makkad
(Expert) 02 November 2010
In case complainant and the his witnesses are not appearing for their cross-examination despite of warrant then court shall dismiss such complaint and thus the purpose of the complainant shall be defeated and he shall have to suffer all consequences attached with this situation.
Joyjoyee Sen
(Querist) 03 November 2010
Thanks for your valuable suggestions.
