dismissal of case

Advocate M J (Querist) 27 July 2011 This query is : Resolved
Good Afternoon respected members.

In my case the complainant has not appeared before the hon'ble court since 7 to 8 dates.
Now i am filing a petition for dismissal of case. I request the learned members to guide me under which section can i file a petition to dismiss the case.
Thank you sir

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Guest (Expert) 27 July 2011
you may kindly file an application in the said private complant case for discharge of accused on various grounds and mention the facts .you will succeed.good luck.

Out of Court (Expert) 27 July 2011
what was th complaint for....?

Kirti Kar Tripathi (Expert) 27 July 2011
What is the nature of the complaint

THANKACHAN V P (Expert) 27 July 2011
Without knowing offence alleged against you, we cannot blindly say whether it can be "dismissed" or not(No provision in Crpc to dismiss the complaint after it is taken on file)

256. Non-appearance or death of complainant.

(1) If the summons has been issued on complaint and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall notwithstanding anything hereinbefore contained, acquit the accused unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:

Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.

(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death

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