Death of complainant

Arun (Querist) 18 September 2012 This query is : Resolved
I am a accused in a state criminal case v/s me u/sec 506(2), 504,452, 34 and 427 The charge has been framed against me by the magistrate.

The two prosecution witnesses are not to be found at the address mentioned in Charge sheet. It has been revealed that these witnesses have left the city and not left behind any address.

How would the criminal case proceed if the witnesses do not appear in court.

What is my remedy.

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Devajyoti Barman (Expert) 19 September 2012
If the legal heirs of the de facto complainant do not apply to the court for substitution then you apply for your discharge.

Arvind Singh Chauhan (Expert) 19 September 2012
If it is state case, case shall be heard on merit after the death of complainant.

If it is private complaint then it can be proceeded through legal heir of complainant or through counsel. Otherwise you may apply for discharge.

As you have described summon was issued to complainant, it seems it is state case.

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