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Sam (NA)     05 November 2012

Option when prosecution witness doesn't turn up

A Friend has been charged with Rash Driving. No one was injured, but damage to vehicle. Police has filed chargesheet, 5 witnesses named. Friend has pleaded not guilty.


When freind is going to court on appointed day, the witnesses named by Police are not appearing. It seems that police have not delivered summons?

 

What are the legal options? If no witness comes forward for a few more dates, can defendant ask case to be dismissed, or can he be asked to be exempt from personal appearance.

 

This is in Pune



Learning

 1 Replies

Nitish Banka (lawyer)     06 November 2012

You can do much as https://www.indiankanoon.org/doc/1867936/ it will become duty of the court to summon and appear before the court


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