party not appearing...

Querist : Anonymous (Querist) 23 December 2010 This query is : Resolved
I'am appearing on behalf of accused in a warrant trial case.... the case is institute not on a police report i.e. it is a private complainant filed u/s. 420 of the IPC..the complainant is not appearing since many dates in the court.. is there any provision regarding dismissal of the complainant?? If yes?? how and if no?? why??

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Devajyoti Barman (Expert) 23 December 2010
The private complaint case be dismissed for non prosecution if the complainant is not appearing or represented in a case.

adv. rajeev ( rajoo ) (Expert) 23 December 2010
If accused is not appearing means he is not at all interested in the case. Court can give sufficient time to the complainant inspite of it if he failed then complaint will be dismissed for default.

Kirti Kar Tripathi (Expert) 23 December 2010
Non appearance of a complainant can result into dismissal of complaint for want of prosecution. you can request for the same to the Court.

Advocate. Arunagiri (Expert) 23 December 2010
In that situation the Court will issue notice to the complainant, if the complainant did not appear in the fixed hearing, the complaint will be dismissed for default.

s.subramanian (Expert) 24 December 2010
You can insist the court to record the absence of the complainant continuously. Then you can ask for a dismissal of the complaint on that ground.