Investigating officer not appearing in front of court.

Ankit (Querist) 05 February 2017 This query is : Resolved
Hi,

There is a case under section 323 and 406 IPC, all the witnesses from the petition side are complete. From last two years court is summoning IO (Investigating Officer) for witness of charge sheet.

Q1 - If IO does not appear in the court and does not proves the charge - sheet then will the civil judge dismiss the case or not or what difference will it make to the case?

Q2 - Till when the court will kept summoning IO if he is not appearing?

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Guest (Expert) 05 February 2017
It all depends on the appreciation of evidence thus far.
But you may consider praying to the Hon'ble Court for stopping the proceedings under S.258 CrPC. If Hon'ble Court accepts your petition, you shall be released/acquitted immediately.