138 07/08/2012

What is your status in the case ??

And what is happening in the court for 6 years without complainant  and what is accused lawyer doing for 6 years without complainant ?? 

dear sir,

our lawers now only filed memo application.

now the same in trail stage. trail not yet come each and every month  postponding the date by the court,

complaintant lawer requested the court asking time to continue their legal herier...legal heirer certificate not filed

File the application under S.256 of CrPC for discharge due to absence of complainant since day 1. Take full feedback from your lawyer, what MEMO application he is filing, when complainant has not come even once.

How can the case proceed without the main party i.e., complainant who has to give the evidence.   The case cannot be proceeded. 

How can the case proceed without the main party i.e., complainant who has to give the evidence.   The case cannot be proceeded unless the evidence is over and case is in the judgement stage.

SIR CASE IS IN TRIAL STAGE... JUST POSTING THE DATE FOR THE LAST 6 YEARS............

Criminal complainat for cheque bounce can not be dismissed  after death of complainant , the legal heirs can come in.

Accused if have proper defense must move for early trial.

As of now you file the application under S.256 for dismissal in absence of complainant citing his absence throughout the  last 6 years.

In criminal cases Legal Heirs can be substituted but there is no specific procedure or time limit stated. In civil cases that time limit is 150 Days, so first let LRs apply then the next step for you would come in on this aspect. As of now go ahead with application u/s 256.

Remeber one more thing: On the day complainant died, his lawyer also lost the authority, so ideally application for substitution should have come the very next date of his death. 

IS THERE ANY LAW REFERENCE IS AVILABLE TO INFIRM THE COURT... OR ANY JUDGEMENT REFERENCE IS AVILABLE  IF THE COMPLAINANT DIED.. HIS LAWER ALSO LOST THE AUTHORITY.. ENABLE TO EXPLAIN TO COURT...PLS HELP WHICH IS VERY USEFULL FOR ME.... THANKS

THERE IS NO SUCH PROVISION  IN CRPC 256  THAT THE ADVOCATE WILL LOOSE HIS AUTHORITY..

Please read the exact provision of CRPC 256.-

(1) If the summons has been issued on complaint and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall notwithstanding anything hereinbefore contained, acquit the accused unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:

Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.

(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death.         

You are right, it is not stated in S.256 of CrPC.,, But

A counsel is a pleader for the party under Vakalatnama. And Pleader is well defined in CPC order III. A pleader looses its authority once the client dies.

Under such circumstances ideally an application from LR should come along with a fresh Vakalatnama signed by LRs. Any act done by pleader after the death and without subsequent authorisation, especially filing of any application, is useless.