Advocate_Sukanya (Advocate) 13 February 2012

Five panch witness absent in court - complainant absent too

Honoured Members of lawyersclubindia,

My name is Sukanya and I am just passed out advocate. My senior Advocate died unexpectedly and I am handling a criminal case single handedly. I have some urgent questions in my case.

In a criminal case of my client, the complainant , the victim and all five panch witnesses are absent in court and did come for single day to court. Only the IO, a govt medical doctor and a constable ( all police witnesses) came to court for witness and cross examination.

Members my question is

1. Can I file for dismissal of case.

2. In the present case, can my client ( the only accused) file for exemption for 313 statement?

3. What else should i do?

Please help me members. I am ashamed of my trivial questions. But please help me, as my next hearing date is tomorrow.

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 13 February 2012

You cannot file an application for idsmisal of the complaint. If they are absent then bailable or non baialable warrant will be issued to the wittnesses.

You can file an exemption appliction, but you cannot avoid 3123 statement on the next od adournment you will have to keep your client presen for 313 statement.,

Advocate_Sukanya (Advocate) 13 February 2012

Thanks rajoo, So as you said, my client has to definately give 313 statement. 1. Can it be written or oral statement? 2. Will he be cross examined , if so whether he will be cross examined on the same day? Please can you enlighten me on this?