veda 17 September 2016

Absence of plaintiff - criminal case

My query is: In case of absence of plaintiff since the case started and also during the first day of calling upon of witness, can a criminal case be dismissed by the court? What is the procedure regarding these provisions of law? Thanks & Regards

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4 Replies

Sachin (N.A) 17 September 2016

Kindly metion the section/s of the case

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veda 17 September 2016

The case filed is criminal case. As I was searching for solutions regarding this the words plaintiff came up.

I know that civil case can be dismissed when plaintiff remains abscent for certain no. of dates.

Hence I wanted to know if such provision exists in criminal proceedings

Thanks & Regards

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 17 September 2016

It seems that you have used word plaintiff for the complainant. Even if he do not come for his deposition on the first hearing, the court cannot decide the criminal case merely on that ground.

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Shekhar (Proprietor) 25 September 2016

For 4 consecutive dates, if complaints are absent, you can press for dismissal.