Pritam Gupta (Teacher) 25 September 2015

Reopening of evidence.

In a summons case on police report currently undergoing in a sessions court, the de facto complainant, did not come to court for almost 10 years and the judge closed his evidence and moved to the next witness in the charge sheet.

However this judge was then transferred and the new judge has directed that summons be sent once again to the complainant. This is vide an order which was in reply to a petition filed by the accused for dismissal/acquital on the grounds of non-appearance of this complainant. To the best of my knowledge, no petition has also been filed by the public prosecutor u/s 311 of Cr.P.C.

My question is whether this is permissible in law? Can this be challenged? If so under which Section? Any relevant cases will be very helpful. Thanks.

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2 Replies

Pritam Gupta (Teacher) 25 September 2015

Thanks for your reply Mr.Reddi.

1. Then new judge even does not require an application from PP before reopening the evidence of the complainant once again?

2. Since it will take 10 more years for the prosecution to complete all witnesses and final arguments, then can the accused submit a petition now to dismiss the case on the grounds of concocted and false charge sheet? There is plenty of material on the charge sheet itself that points to the fact that it was manufactured to give a case on the accused.

SAINATH DEVALLA (LEGAL CONSULTANT) 26 September 2015

Previously there was a practice in the lower courts that if the complainant absented himself for 4 motions continously the case was being dismissed.But later on it was amended by the SC,that the lower courts have no right to dismiss a case or discharge an accused just because the complainant was not attending.All the appeals in such cases have gone in four of the complainant.