Warrant issues a/g. Complainant...
Dilshad M. Merchant
(Querist) 21 March 2017
This query is : Resolved
My name is Merchant.
I have a criminal case u/s 420, 34 against me in killa court Mumbai. I'm the accused.
Examination in chief of complainant is over.
Now since December 2016 the complainant is not attending court till date.
The judge has issued 3 warrants against the complainant.
I want to know the following:
1. What kind of warrants are these ?
2. What is likely to happen if complainant doesn't attend court even after third warrant?
(A report was submitted on last date that complainant is no longer staying on the address provided).
After this report judge issued third warrant.
3. Is it likely that judge might dismiss the case if complainant doesn't attend?
4. Is there anything else likely to happen which could be in my favour?
Please guide me since I have not yet appointed a lawyer with whom I can discuss the above questions.
Dr J C Vashista
(Expert) 22 March 2017
Being a "state" case the complainant is required for recording his/her evidence on summons. Never before and never after that.
The accused has to be on bail and present on each date of hearing.
Consult a local lawyer for proper appreciation of facts and law applicable on the subject matter.
Dilshad M. Merchant
(Querist) 23 March 2017
Then what about the cross examination?
Complainant's cross has not yet been conducted.
Is the complainant not required for cross ?
Judge has issued warrant because complainant is not coming for cross.
If complainant doesn't come for cross what can possibly happen in my favour?
Kindly guide.
