Criminal case
Harish Chauhan
(Querist) 25 April 2013
This query is : Resolved
Dear sir/madam In criminal case when fir lodged and trail started then when magistrate sent summon to witness 1. what would be happened? If witness are out of state(several Km away from trial court) and summon back to magistrate stated that person/Witness is not a residents.
2.What would be happened ?If Investigation officer is also a witness and His transfered has other area(several KM away) from trail court .
In this case accused(me) is also 1200km away from trail court , But I am regularly attended court and all 3 out of 5 main witness had done.How can I request to magistrate for proceed the case without hearing witness.Because I suffering several difficulties while journey by train.
Devajyoti Barman
(Expert) 25 April 2013
THE COURT CAN NOT PROCEED WITHOUT WITNESS. If the witness fail to attend on dates then you can apply for issuance of w/a against them.
Raj Kumar Makkad
(Expert) 25 April 2013
It is not understood how did you travel for 3 hearing for the purpose of your evidence. Your evidence might have been recorded on the same day of notice to you. What were the reasons for non-recording of your evidence on first time then second time and then third time?
Harish Chauhan
(Querist) 25 April 2013
makkad Ji sorry maybe I had not wrote clear for understand to you :
Sir in case I am accused and case is now on witness/evidence .In this case 468IPC total witness is 5(five). 3 witness had already recorded the statement before magistrate.Now only remain 2 witness both are several km away from trail court and when magistrate summoned to the witness no.4 ,sommun back to magistrate stated that witness is not a resident on this address.witness no 5 is IO his transfered done out of area.so please expalin at this stage How can case will be proceed?
Nadeem Qureshi
(Expert) 26 April 2013
Dear Harish
if the witness is not coming in the court, the court may pass bailable or non-bailable warrant against the witnesses, they have to appear before thecourt.
Raj Kumar Makkad
(Expert) 26 April 2013
In the given facts, you should request the court to close the evidence of the prosecution for the non-appearance of the witnesses. The IO shall have to come despite of his transfer.
Harish Chauhan
(Querist) 07 May 2013
which section of Crpc I can request in the court?
Request the court to close the evidence of the prosecution for the non-appearance of the witnesses and proceed the case further.
