Vikram 06 May 2018

Non appearance of the Complainant in Warrants case.

Sir, I am seeking legal advise from our Lawyers on here. The case in brief is. FIR was lodged by a woman Complainant u/s 354/354A/323/504 &506 of the IPC. The trial proceedings need presence of the Complainant, however, in spite of six (06) summons served through the concerned District Magistrate, the Complainant has failed to appear for recording of her statement. Proof of delivery of summons is available. Please advice if the Court can proceed ex-parte & dismiss the case ? Or what conditions are to be met before Court can proceed ex-parte if the Complainant does not respond to the summons ?. Thanks & regards...Vikram

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(Guest)

As complainant has failed to appear six times despite repeated issuance of service of summons to her, the Magistrate may at his discretion, dismiss the case u/Sec. 249 Cr PC, provided charges have already not been framed. If the case is dismissed, she may file a criminal revision petition before her local Sessions/High Court seeking to challenge legality of trial court order; however she needs to justify the reasons for her absence from hearing dates.

Regards

Advocate Kaybee

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Vikram 07 May 2018

Many thanks Kaybee ! if you could answer a small query elated to the above issue. Is there a need to publish the summons in a national Hindi & English newspaper once as a last resort ? Is it mandatory before the Magistrate eventually dismisses the case ?
Thanks & regards.