Clean hands

you need to prove the same 

In a criminal trial if for the sake of presumption complainant file complaint against the accused person then how they will proceed with the case if they have no evidence against such accused, the court will take no time discharging or acquitting the accused if no evidence is produced in the court to prove the charges against the person. In criminal complaints the accused is presumed to be innocent unless proved guilty & for doing so the investigating agency should have sufficient evidence to prove his/her guilt without any doubts. Hope this basic principle of criminal law is clear.

what is the limit for the same ?

in one of the 306 case complaintent who is brother of deceased girl has not turned to court from last 5 yrs also now orginal sucide note of the girl and samples are declared to be lost and pp is asking permission to lead secondary evidence which is xerox.

My question is if compliantant doesnt come to court even afte repeated summon can accussed submit dicharge application ?

what is the limit for him to come to the court ? As most of cases its xyz vs state abx / def police station so its public cases right ?