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O.N.Singh (GOVT. OFFICER)     01 October 2016

Application for leading pre charge evidence

If complainant criminal case instituted on complaint to court and after bail of accused complainant is neither producing evedences nor witnesses to delay/drag the case to harass the accused what can be done to overcome this? Sir I am facing a criminal case u/s 3/4 DP act r/w IPC section 420 & 406. In bail order though the district judge has mentioned that no case arises u/s 420 & 406 and order the case to be heard by JM II. Now to harass the accused living in Mumbai does not appears on dates twice and third time places application for adjournment from last 8 months(8 hearing). Please suggest which application can be filed to compel him to lead the evidences and witnesses.


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 1 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     02 October 2016

Ask the cpurt to initiate co ercive action against the complainant for non appearance. SInce its a complaint case, the same is liable to be dismissed keeping in terms with the provisions of section 256 CrPC.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153


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