Dismissed in default.
Limhathung
(Querist) 30 September 2017
This query is : Resolved
When the presence of complainant is not necessary?
Guest
(Expert) 30 September 2017
Discuss the case history.
P. Venu
(Expert) 30 September 2017
You have not posted the facts.
Kumar Doab
(Expert) 30 September 2017
Post full facts in relation to your query, title of the query.
Limhathung
(Querist) 30 September 2017
my privare complainant petitipn was dismissed for default for non appearence of the complainant though the advocate was present. this happened at the time of hearing of discharge petition filed by the accused.
Limhathung
(Querist) 30 September 2017
my privare complainant petitipn was dismissed for default for non appearence of the complainant though the advocate was present. this happened at the time of hearing of discharge petition filed by the accused.
Limhathung
(Querist) 30 September 2017
My private complaint petition .....
Guest
(Expert) 30 September 2017
What your advocate told you, why case dismissed when he was present?
Limhathung
(Querist) 30 September 2017
As per the order of the magistrate, the complainant counsel present, the accused along with the counsel present. The mater is fixed for hearing of discharge petition. However, since the complainant is absent, the case is dismissed and the accused discharged.
So any judgment to this effect? Sometime like at hearing of discharge petition, the presence of complainant is not necessary.
Guest
(Expert) 30 September 2017
I did not ask for the extract of the order. I just wanted to know, what your advocate told you why the case was dismissed, when he was present in the court. You have avoided to reply that particular question. Was there any specific reason for not replying my question.
However, if the complainant, himself is absent, particularly when the matter was fixed for hearing of discharge petition, that clearly denotes that the complainant did not want to pursue the case any more. You could not have expected the judge to wait for the date when you would appear before him.
Limhathung
(Querist) 30 September 2017
The advocate told me that since I was not present at the hearing my case has been dismissed.
Limhathung
(Querist) 30 September 2017
The advocate told me that since I was not present at the hearing my case has been dismissed.
Guest
(Expert) 30 September 2017
That vague reply can be lame excuse of your lawyer. That clearly reveals failure of your own lawyer.
Rajendra K Goyal
(Expert) 30 September 2017
You should go for appeal against the order.
Dr J C Vashista
(Expert) 01 October 2017
I differ with the statement of author, no case can be "dismissed in default" when counsel of complainant is present, no court can be so biased.
Consult your lawyer.
Guest
(Expert) 01 October 2017
Dear Dr. JC Vashista,
I am fully in agreement with you. It seems the auhtor of the problem has not come with the facts of the case. It seems as if Mr. Jigyasu's observation is also correct about failure of the lawyer of the querist to convince the judge about any specific cause of absence of the complainant.
