How to dismiss a case for non appearance a complainant?

what is the stage of this case?

About seven years back this relative had pleaded "NOT GUILTY"". But nothing has happened after that. Neither the complainant nor any of the two witnesses has ever shown up in court after that. So naturally the case is now in "Evidence" stage but this process has not even started. The public prosecutor keeps on saying that cannot contact any party due to this and that and then takes another date.

So isn't there any law that says that if the complainant or witnesses do not appear for a certain number of consecutive days then the case is automatically dismissed? The total case from start is now more than ten years old.

Also is it possible to get new PASSPORT while criminal case such as above is going on?

the Magistrate will give them some time and then you can ask for closure of evidence from prosecution side and you can carry on with your (defense) witness if at all u have. to prove your innocence.

Sir, I wanted to know whether this case can be QUASHED from a higher court on one or more of the following grounds:

1.The ground of non appearance of the complainant and length of time elapsed.

2. There is no case without cross examination of the complainant and the witnesses.

3.Distorted facts presented by police.

4. Accused needs to go back to another country where he used to stay before. He has no income in this country. 

5. Any other.

Hello

 

If the case is being tried as summons case you can file application under section 258 of crpc for stopping of Case.

This case under sec 289 and 353 was instituted by O.C. of Police Station on the complain of S.I. of Police Station who claims to have been bitten. Accussed has been granted bail immediately on application ten years back. So above approach by sec 258 is applicable? How to know whether this is a Summons case or not?

As rightly said by the lawyer Manish jeswani, if the case is  being tried as summons case, the magistrate can stop the proceedings by invoking section 258 of Cr.P.C. on application for the reason that the case is pending for very long period without any improvement in the proceedings.

Otherwise, the defence side can approach the High Court  to quash the proceedings,  wherein,  at least, specific direction could be obtained to dispose the said case within time frame.

Both sections fall under summons case, you can give a try by filing petition under sec 258 crpc, but the discretion lies with the Magistrate.

Whether the case is registered as summons or warrant case depends on how the court has directed it to register. Peruse the record of the case more particularly it's number whether it's registered as SCC or rcc. By in any case the punishment prescribed in both the sections is not more than two years and case ought to have been tried as Summons case. The application can be filed at any stage of the case. Give it a try along with supported citations. Best luck.

Move an application before the High court...Non appearance of the complainant /delay in prosecution evidence  is a valid argument for dismissal of a complaint case.But do not expect the relief to come from the magistrate...258 is high on discretion component....words like exceptional/unusual etc. make life difficult.Go to the High court with a good counsel

ADV.SIDHARTH AURORA

advosidharthaurora@gmail.com

Discretion is no where defined in the books of law. The court has to pass the order based upon the facts and circumstances of the case. In the given case when the evidence has not been adduced from so many years, it is the best case wherein cost will exercise powers under section 258. Legislature had very wisely incorporated this section in order to cope up with situation like in the case at hand otherwise it would be a travecity of justice and the persons including courts will be rendered helpless and there would be flow of cases in the high Court. So I don't think there's much discretion left with the court in the present facts and circumstances of the case.

With due respect I am not in agreement with views expressed by adv Siddhartha because there on no provision in crpc for dismissal of charge sheet in absence or non app of complainant. Only section is 256 but it deals with cases instituted upon complaint but the present case is instituted upon police report. Hence case can not be dismissed. Even high Court have to erecise powers under sec 258. There is also possibility that hc might direct to move application before the lower court.

sorry to add question in this

what if when the case is of 498A and wife is not appearing,

Is her evidence can be close,{ like awsar samapt}?