What if witnesses donot come in criminal case filed by State Police?
Querist :
Anonymous
(Querist) 11 December 2010
This query is : Resolved
Dear Sir(s),
I am the Complainant. Based on my complaint police have filed case with xcharges 427,504,506 R/w 34 of IPC. 3 witnesses'+ police head Constable who wrote FIR , evidence/cross is over & other 2 witnesses (CWs) are not turning up. + 1 PSI (who will mostly appear)
What could be the fate of the case?
What steps do I need to take? Please guide.
Adv Archana Deshmukh
(Expert) 11 December 2010
Request the APP to file an application to the court for issuance of warrant to the witnesses.
Parveen Kr. Aggarwal
(Expert) 11 December 2010
Section 350 of the Code of Criminal Procedure, 1973:
"350. Summary procedure for punishment for non-attendance by a witness in obedience to summons: (1) If any witness being summoned to appear before a Criminal Court legally bound to appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses to attend at that place or time or departs from the place where he has to attend before the time at which it is law full for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient in the interest of justice that such a witness should be tried summarily, the Court may take cognizance of the offence and after giving the offender an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding one hundred rupees.
(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials."
adv. rajeev ( rajoo )
(Expert) 12 December 2010
In case wittnesses failed to attend before the court, it will issue NBW, even APP need not to file an application.
SAANJAAY GUPTAA
(Expert) 12 December 2010
you pray before magistrate to issue a warrant of arrest against the witnesses and most of the cases court may allow bailable warrant of arrest against the witnesses.
