Applicability cr p c s 256 when complainant is not appearing?
nishant
(Querist) 21 March 2012
This query is : Resolved
Hi experts thanks for solving my last query. Especially Makkad sir thank u once again
Facts of my case- 2 accused persons are facing trial in one case under prevention food adulteration act. The matter fixed for hearing before charge (HBC)in year 2005 and till today it is on same stage. The food inspector after receiving summons of court not coming before court. In this case there are only two witnesses I) food inspector II) panch.Prosecution has not taking any steps over it.I argued before JMFC that for 7 years the case is on same stage. The trial is getting delayed & affecting fundamental right of accused (Art 21 right to speedy trial). But court is not issuing NBW to witness.I have submitted authority Motilal Saraf V State of J&K AIR 2007 p 56. which is relevant authority on speedy trial. I have submitted the case is instituted otherwise than police report .It was instituted by food adulteration department i e by food inspector & who is complainant. I argued that accused should be acquitted as per S 256 Cr PC- non appearance or death of complainant.But court taking objection that food inspector cannot be considered as complainant.I finally prayed to close evidence but court is saying that not single witness has come how should i close evidence.
So experts pls tell me,
1)Whether JMFC can close evidence under these circumstances
2) whether food inspector comes under definition of complainant
3) what should i do if court reject my application on next date.
4) In which court(either High court or Court of session) i can file appeal on this order rejecting closing of evidence & not acquitting accused as per S 256 of Crpc.
pls note- as per provisions of prevention of food adulteration act 1954 such trial should be treated as summary trial & if court thinks fit it can convert it to warrant trial. But in my case yet court has not converted it into warrant trial.
venkatesh Rao
(Expert) 21 March 2012
1. 256 is not applicable as the case on hand is a warrant case.
2. Food inspector is very well a complainant.
3. 249 is also not applicable as the offence is non compoundable.
4. Magistrate may take the evidence of the complainant as closed; if your application is rejected, you may prefer revision before the court of sessions or the high court
PARTHA P BORBORA
(Expert) 21 March 2012
court may issue warrent of arrest agaist the the winess if he fails to appear after receivig summons. if the summons has not been served, court may show vaused the summoning authrity asking reasons non service of summons. i hope it will work. court may even issue nbwa too.
Shonee Kapoor
(Expert) 21 March 2012
NBW issuance is a long drawn process for the witness.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Ajay Bansal
(Expert) 22 March 2012
As advised above by Rao.
venkatesh Rao
(Expert) 22 March 2012
Dear Mr. kapoor and Mr. Partha,
Pl. note that it is a case instituted otherwise than on police report. The food inspector is the complainant. If he himself remains absent, without prayer of nay, court cannot enforce the attendance of any witness. It is not a state case. Prosecutor has no role to play.
Shonee Kapoor
(Expert) 23 March 2012
Then the case can be dismissed outrightly
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 March 2012
Please do your home work properly , it is GOVT CASE and even PP is not appearing he is supposed to be present so 256 will not be applicable.
For state cases this story is all over India so nothing much can be done.
