witness not coming to court

anupam sharma (Querist) 03 September 2010 This query is : Resolved
a person who is complianant in a criminal complaint has stopped coming for the hearings.The charge has been framed and pre charge evidence/cross examination is complete and the case is fixed for cross examination of complainant-witness.What is the remedy beofre court against the said complainant? Can the accused in this case benefit from this situation?

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s.subramanian (Expert) 03 September 2010
If the complainant is wantonly evading the appearance before the court,you can file an application seeking the closure of the prosecution evidence after issuing final notice to the complainant.

Kiran Kumar (Expert) 04 September 2010
firstly find out from the records that whether the complainant has been granted exemption from appearance during the proceedings....check it from court records.

yogesh (Expert) 04 September 2010
yes

Uma parameswaran (Expert) 04 September 2010
I think it shall depends upon the case.If the cross examination-of complainant witness is inevitable seek the court help.

Surrender K Singal (Expert) 07 September 2010
List of witnesses as filed by the complainant would get CLOSED if the complainant is not able to produce / present such witnesses before the court, which can then allow the defendants to proceed with their evidence that may be detrimental for the prosecution; Thus the Accused benefits

M/s. Y-not legal services (Expert) 10 September 2010
Without issuing the final notice to the witness person we can't close the complainant side witness..

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