Death of compliant after framing of charge
Querist :
Anonymous
(Querist) 19 September 2011
This query is : Resolved
Dear Sir,
A criminal proceeding under 156(3) is going against me. after framing of charges the compliant had died. The opportunity for the cross examination has not been given to me due to the death of compliant . Can acquittal at this stage possible?
Querist :
Anonymous
(Querist) 19 September 2011
please help me out
Arvind Singh Chauhan
(Expert) 19 September 2011
Matter will be considered in the light of other evidence also, though complainant's evidence has become of less value due to non cross examination.
Querist :
Anonymous
(Querist) 19 September 2011
Thanks for the reply Mr. Arvind. But i have few more queries:-
1. Is acquittal of the accused possible?
2. How to quash the case ?
3.Does High court has power to free the accused?
Regards
Arvind Singh Chauhan
(Expert) 19 September 2011
1. Depends on other oral and circumstantial evidence.
2. You can proceed under 482 Cr.P.C and apply in High Court.
3. High court has power to Quash the proceeding if find appropriate grounds.
Guest
(Expert) 19 September 2011
what are the offences charged? then only the the finding can be given approximately,
Shonee Kapoor
(Expert) 19 September 2011
Death of de-facto complainant or complainant is not enough to quash the case.
Nor is it proper to get acquittal on this basis alone.
However, if the complainant alone was the witness of the crime, it is possible to get acquittal.
Regards,
Shonee kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 19 September 2011
S. Ganesan ji, IPC 354, 323, 506 are applicable
Raj Kumar Makkad
(Expert) 19 September 2011
You are no advised to go to High court at this stage as your petition shall not be heard and shall be dismissed and you shall be directed to face the ongoing trial. If complainant has died, some other person say his legal heir may join in his place. You should defend your case vigorously and should get acquittal if you are having facts to deny charges.
prabhakar singh
(Expert) 20 September 2011
What is the offence complained of??????
