My client is in 'coma'

Ravikant Soni (Querist) 16 June 2011 This query is : Resolved
I m handling a 138 NI Act case. I m favoring complainant side.

Unfortunately, my client become unconscious and got in COMA after getting an accident.

The file is on the stage of Evidence but due to this condition i have no any way to produce him as a witness.

What should i do to come out this situation?

Am I right if I apply to the court under section 302 of cr.p.c. for permission to change of person to conduct prosecution?

Second:
In this situation how should i prove the legally enfoceble debt due in accused?

Can such person prove the prosecution case?

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Ravikant Soni (Querist) 16 June 2011
Here i reproduce the relavant section of Cr.P.C.---

302. Permission to conduct prosecution.

(1) Any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of Inspector; but no person, other than the Advocate General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without such permission:

Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted.

(2) Any person conducting the prosecution may do so personally or by a pleader.

PALNITKAR V.V. (Expert) 16 June 2011
Sec. 302 hardly applies in this case. But if there is any other witness to the transactions and events involved in the case, you can examine him. If he knows the signature of the complainant, you can get the complaint exhibited through him. If no such witness is available, then request the Court to keep the case on dormant file until your client recovers.

Guest (Expert) 22 June 2011
Yes, section 302 doesn't apply.
Its very hard to prove your case on behalf of complainant side.

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