Criminal law
vinay vaidhya
(Querist) 07 December 2011
This query is : Resolved
why complaint is not appearing before the court in criminal case ex. 420.etc
prabhakar singh
(Expert) 07 December 2011
Then make a mention in court to dismiss the complaint.
Devajyoti Barman
(Expert) 07 December 2011
If he is represented through his advocate, the court may not do so though nit may pass necessary order to ensure his presence.
V R SHROFF
(Expert) 07 December 2011
Vinay,
If the Complainant is STATE, The person who complained against accused, will come as Witness when called. Till then The PP will handle the matter.
Whoever lodged the FIR u/s 420 need not come to court every date. For Accused , it is compulsory, as he is on bail.
OK
Adv Shroff 07-12-2011
Nadeem Qureshi
(Expert) 07 December 2011
Mr. Shroff is rightly explained
Shonee Kapoor
(Expert) 07 December 2011
De-facto complainant would be the best person to give reasons and the accused would be the best person to speculate.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
jeevan1950
(Expert) 07 December 2011
please write something of facts so that we know the case
Raj Kumar Makkad
(Expert) 08 December 2011
If it is State case then there is no need for the complainant to appear therein and if the case is complaint then he is required to come present on each and every hearing except on the dates when his attendance has been exempted by concerned court.
You have not put the facts of your case so nothing concrtete can be expected from us.
Advocate. Arunagiri
(Expert) 08 December 2011
In Police case the defacto complainant need not appear for every hearing.
In private case the complainant has to appear for every hearing, other wise his advocate can file a petition u/s 256 cr.p.c.
If he is a party in person, there is no other choice, he has to appear, other wise, he will be treated as absent.
