Death of complainant
Arun
(Querist) 19 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, and then summons were sent to the complainant on the subsequent dates but could not be served to the complainant. In the meantime the complainant died in Russia and was cremated in Pune.The Municipal Corporation issued permission to cremate the Body In pune. The death certificate is issued by the Russian Authorities. The proscecution has not been able to produce the death certificate in the court since past four dates as the relatives are not co-operating. Thus I am attending the court on all the dates and the case is not going forward and the magistrate gives the next date. Do I have a remedy as regards being acquitted due the absense of comlainant. I have filed the photo-copies of complainants death certificate in court but the court has not taken any view on this as I an accused. Can i ask the court to expedite the matter
Arun
(Querist) 22 September 2012
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, and then summons were sent to the complainant on the subsequent dates but could not be served to the complainant. In the meantime the complainant died in Russia and was cremated in Pune.The Municipal Corporation issued permission to cremate the Body In pune. The death certificate is issued by the Russian Authorities. The proscecution has not been able to produce the death certificate in the court since past four dates as the relatives are not co-operating. Thus I am attending the court on all the dates and the case is not going forward and the magistrate gives the next date. Do I have a remedy as regards being acquitted due the absense of comlainant. I have filed the photo-copies of complainants death certificate in court but the court has not taken any view on this as I an accused. Can i ask the court to expedite the matter
Arun
(Querist) 22 September 2012
But the prosecution is not making any effort to bring the facts to court
Guest
(Expert) 22 September 2012
In that case your advocate should request the court for ex-parte proceediings or dismissal of case, if neither the complanant is appearing, nor the fact of death is being produced by the prosecution for the last four dates.
Arun
(Querist) 29 September 2012
Sir again on the last date the court police could not get the complainants death certificate and the relatives of the complainant have refused to give a statement to the police regarding the death of the complainant. And the court has again given next date. this has become like a vicious circle. What other remedy is there.
PARTHA P BORBORA
(Expert) 30 September 2012
Your case is a Summons procedure case and the magistrate has the power to aquit the accused if sufficient evidence is submitted before the court that the Complainant expired. To do so your lawyer may request the Court to call for a police report to ascertain the death of the Complainant.
V R SHROFF
(Expert) 30 September 2012
Produce Death certificate of Complainant,u can get from local authority,
[or file affidavit of his relative. ]
Otherwise also, absence of Complainant consecutively will acquit u.
Arun
(Querist) 10 October 2012
Sir as per the sections under which i have been accused, this is a warrant case and not a summons case as my lawyer has pointed to me. So he is of the opinion that this case does not fall in the summoms category so magistrate cannot acquit me due to absense of complainant.
My Query is:
1. Can the magistrate acquit me in the absense of complainant due to his death.
2. Can I request the court to summon the other witnesses even though the summons have not been issued to complainant.
Sudhir Kumar, Advocate
(Expert) 22 September 2012
