crpc 249 or 256 + 498a of ipc
Querist :
Anonymous
(Querist) 18 November 2010
This query is : Resolved
249. Absence of complainant.
When the proceedings have been instituted upon complaint and any day fixed for the hearing of the case, the complainant is absent and the offence lawfullly cmpounded or is not a cognizable offence, the Magistrate may in his discretion, notwithstanding anything herein before contained, at any time before the time has been framed, discharge the accused.
--------
256. Non-appearance or death of complainant.
(1) If the summons has been issued on complaint and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall notwithstanding anything hereinbefore contained, acquit the accused unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:
Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.
(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death.
wife filed totally false complaint 498a her 6 relatives are her witness but no body is attending before the magistrate of trial court. case is on evidence more than half year now-
can i give the prayer to court to dismiss the case? as the parties not interested to the process of court.
Guest
(Expert) 18 November 2010
No, at this stage of prosecution evidence you cant prayer t the court for dismissing the case....
section 256 Cr.P.C. not applicable in your case... . Its warrant case.... punishment is 3 years imprisonment..... Court can issue summon, bailable warrant etc. (see chapter 6 oF Cr.P.C.) to the witnesses.... if witnesses still not came before the court then court can move forward and proceed the trial by examining the other formal witnesses n police witnesses... or if medical evidence is there in ur case then examine the doctor too as a prosecution witness.... ultimately court can closed the prosecution evidence n take defence evidence as per section 243 Cr.P.C.... pronounced the judgment as per section 248 Cr.P.C.
So far as section 249 Cr.P.C. is concerened its applicable on those cases where offence is compoundable and non cognizable.... n before the framing of charge....n in the warrant cases based on other wise then police report...... but section 498 A IPC is cognizable and non compoundable offence..... so this section also not applicable in your case.....
