Discharge Petition - witnesses not turned up

i also want to known. 

Also a query [[[[who can be w11 is IO who conducted investigation, w12 is IO who filed chargesheet]]]    who can both be the same. AS per me both the investigation & the person who filed the chargesheet both are same.

Where it has written that IO canno't submitted the chargesheet & the person who is submitting the chargesheet canno't invetigate ?

Thanks

Now the case is at cross examination stage. At this stage, is it possible for the prime witnesses or the punch witnesses to come to court and give their primary evidence?Sir/Madam,
I just finished Law in 2010 and practising for last 3 months. In a case of mine, the prime witnesses (the complainants) and punch witnesses never came to court

Take help of an experienced advocate.

S.338 is compoundable offense. W1/W2 were the person who possibly were harmed by accused. The law is very clear that in case offenses are compoundable and bailable, then in absence of complainant the accused must be discharged. Apply for Discharge under S.256 of CRPC.  

Trivedi,

Couple of questions...

1. Once discharge is done under S256 CRPC , later complainant decides to reopen the case again by showing some stupid reasons/grounds- what would happen to the case ? Will it start from reinvestigation or from the Trial stage when discharge was done ?
Filing false cases is quite easy in this country. If complainant wants to torture the accused in false cases, they can very well choose this option of not attending the court during trials and making accused to discharge. Later on come to the court and reopen the case again and have the accused undergo the torture from beginning of the case- that is by getting bails etc. Is this feasible ? If so , how to avoid this kind of trauma ?

2.What about non-compoundable cases ? Can warrants be issued against witnesses/complainant for not coming to court during the cross examination ?

Thanks!

Complainant cannot decide to repopen the case. He can approach higher courts and appeal. There are cases where State Vs accused, in such cases absence of private complainant may not matter much. Yes court can summon any witness by force. 

In case of private complaints like that under S.138, please immediately file application under S.138 if on that complainant presenc is necessary. Court may not dismiss but will send the notice to the complainant, and on satsifactory response only case will proceed.

application under S.256 for dicharge, mistyped as S.138 above.