Complainant declared Absconder in Cross-case.
Guest
(Querist) 03 January 2018
This query is : Resolved
Dear Ld. Members:
I'm defending the sole accused in a warrant case instituted upon police report. The accused simultaneously lodged FIR against the complainant. The complainant never showed up in court and in the cross-case in which the complainant is accused, he has been declared absconder. Now this case is going on without any recording of evidence. How can the accused be discharged?
The court says that discharge at this stage is premature....
Caveat: Kindly do not post replies stating that the query is academic.
Vijay Raj Mahajan
(Expert) 04 January 2018
Move formal application for discharge. If the trail court reject the discharge application, move the High Court u/s 482 Cr.P.C for quashing the FIR.
Guest
(Querist) 04 January 2018
Thank you, Vijay-ji.
I've drafted a petition praying for stopping proceedings in the light of S.258 CrPC.
Hope the petition is allowed...
Hemant Agarwal
(Expert) 09 January 2018
1. Case is a "warrant case".
2. Section 358 relates to "summons case"
3. Do you think that "warrant case" is the same as "summons case".
4. Anyways, if the complainant is declared as "absconder" THEN the case would be ultimately be dismissed by default, due to absence of complainant. Consider reading CHAPTER XIX "TRIAL OF WARRANT CASES BY MAGISTRATES".
Keep Smiling .... Hemant Agarwal
Guest
(Querist) 11 January 2018
Thank you, Hemant-ji.
But my prayer in the petition is release/acquit/discharge of the accused. Out here we do not mention the Sections of law from the CrPC in the 'cause title' or title page.
Out here the Ld. Courts are hesitant to dispose of such petitions. Hence, just to bolster my spirit I questioned.
Answers from my learned friends here have helped me a lot. That's why I keep coming here chiefly to ask....
Guest
(Querist) 11 January 2018
Sorry, I forgot to add that my client is facing harassment NOT from the complainant BUT witnesses. The Court is still in the stage of recording evidence....
