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prabir   12 June 2018

Prosecution witness

whether it is possible to file any case against the PWs who did not come in spite of warrant but were involved in starting a criminal case against the accused person after disposal of the case


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 2 Replies

Vanshika Kapoor   13 June 2018

1. The court can dismiss the case if the witnesses do not turn up or it may decide to issue NBWs for their appearance.

2. If no prosecution witness comes to testify against you the court will have no option but to dismiss the case.

3. Without a perusal of FIR it is not possible to state the prospects of quashing.

4. A suit for damages can be filed after the court discharges you. 

5. In the course of investigation the IO can surely enquire about the personal assets and business dealings of the accused if this information is relevant to the investigation.
 

prabir   16 June 2018

The accused persons have been acquitted. None of the PWs came except PW-1. The PWs 2 to 6 did not turn up including the police officer. What step can the acquitted persons take to claim damages. All of them were involved along with complainant to file this case.


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