Lawrence William (Service) 03 February 2013

Delay in commencing the trial

Dear Experts,

Mr X has been facing trial since 2009 U/S 408 & 420. The said false complaint was lodged against him since he joined a competitors firm. Now he has been regularly attending the court since last three years. The complainent has not turned up sigle time as per court records. Please advise in the follows:

How can he ask for a speedy trial or desposition?
Are than any rules , where the complainant can be forced to come? yes...but warrant & summons are not working since the person is highly influential.
Can he seek permanent exemption in the case till the trial starts? If yes on what grounds?
can he go for chargesheet quashing in HC?
Is there any other remedy , other than out of court settlement?

Pl advise with citations.

Regards

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2 Replies

M.Kumar, Madurai (Advocate,) 04 February 2013

1.Approach High court for a speedy trial /disposal within a time frame

2.If private complaint case absence of complainant can be a ground for dismissal of the case u/S.256 Cr.P.C

If case instituted on police complaint complainant is only a witness and he will come only after the start f trial

3.See S 317 Cr.P.C

4. Yes on proper grounds.

5.Discharge ,Quash .

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Om Prakash Dhusia (HR assistant) 04 February 2013

The question is not clear whether it was FIR and If it was a complaint case under section 156(3) Cr PC and the complainant does not appear in the court and if the case is discharged under non-apperance vide section 256 Cr PC then also Section 256 CrPC is subject to appeal excpet if the complainanat has died.

Very diifficult to quash the charge-sheet now at this stage.Counter the charges with proper defense.

For the last question answer is no if thecase has beeen filed under FIR

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