Ipc 326/324/504 etc
arunkumark
(Querist) 12 March 2012
This query is : Resolved
If in a state case a complainant is failled to appear in the court for his deposition and cross examination even after serving a court summons then how long the court will wait for his appearance.
What action should be initiated against him by the accused/defense lawyer.Can he apply in session court or high court.please advise briefly.
V R SHROFF
(Expert) 12 March 2012
Accused can be acquitted by Magistrate.
It depends on how Defense Advocate handle the matter.
JMFC have right, [though 326 is 10 yrs imprisonment ]
Adv.R.P.Chugh
(Expert) 12 March 2012
No the court would not acquit on that count only. The court would use compulsive (NBW/Proclamation etc) measures to procure the attendance of complainant if is necessary for the ends of justice.
Raj Kumar Makkad
(Expert) 12 March 2012
In case despite of efforts of the court, a complainant do not appear to depose his evidence, its benefit shall go to the accused person but no specific action shall be initiated against such complainant except prior to closure of the evidence of the prosecution to secure his presence. Generally summon follow with bailable warrants and then non bailable warrants if a witness do not come before the court deliberately but once evidence is closed, such NBW lose its relevance.
V R SHROFF
(Expert) 12 March 2012
Read 256(1) Cr.P.C.
I already obtained acquittal of many top personality here only on this ground.
I never wanted to share winning secrets, so in such cases, my answers are half cooked, with some reservation kept by me. but OK ,this matter I m disclosing sharing my experience. IT COSTED MANY YEARS TO GET FORMULAE, All Winning Formula cannot be published or shared for FREE.
Deepak Nair
(Expert) 12 March 2012
Great work Shroff Sir and thanks for sharing this.
arunkumark
(Querist) 12 March 2012
thanks for reply But Sir its a warrant case so crpc 256 will not apply.What other steps other than closing of evidence can be taken.
kuldeep kumar
(Expert) 12 March 2012
court will procure him through NBW if its found to be warrant case.go to provision of section and apply ur mind as no one here is judge or magistrate in ur case.refer bharat opinion.he sufficiently answered ur query and rest is opinion.and opinion can be wrong.
Shonee Kapoor
(Expert) 12 March 2012
Court would issue BAILABLE WARRANTS --- NON BAILABLE WARRANTS.
However, the accused can be acquitted.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
