ipc 326

Querist : Anonymous (Querist) 21 April 2011 This query is : Resolved
Its a state case under ipc 326,504 506 etc.If in the state case complainent purposfully avoiding to appear for the deposition on flimsy grounds then can we say that prosecution has no case against the accused.The i.o and other family witnesses and panchas has got any value in the case if the complainant/injured is not interested.Can i apply for quashing the case in the highcourt/apex court.please advise.i think 326 ipc is noncompoundable.in this situation what is the short and sweet solution or line of action.The accused has to travel abroad for a short visit and passport authority is not issueing the passport cause of the pending criminal case.If the experts please advise with citation.

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SHYAMSUNDAR (Expert) 21 April 2011
Moving to High Court will not help as a lot of time will be consumed. Instead you take up the case and ask for speedy trial. If the complainant is not interested then you have a good case.

Santosh Nawale (Expert) 21 April 2011
I agree With Mr.Shamsundar.It is an best to you.

Sarvesh Kumar Sharma Advocate (Expert) 21 April 2011
go to the highcourt with the prayer for speedy trail ,and if delaying in trail then apply essue passport in conditional circumstan!

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