Case dismiss if complainant not presenting

AMIT KUMAR SHARMA (Querist) 19 August 2015 This query is : Resolved
Dear Sir,

A policeman had registered a falls case on me in Oct 2013 and court has issued warrant to his witnesses and him also to present for witness but for the last one and half year no one is coming for witness even main complainant also not coming.

I request you kindly help me and guide me how this case can be dismissed and i can be discharged if witness and complainant is not coming after warrant.

Kindly advise me with section and judgement if any so that i could not be suffered if complainant also not coming for the last 1 and 1/2 years.

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SAINATH DEVALLA (Expert) 19 August 2015

-DISMISSAL OF CASES IN
DEFAULT.
Some magistrates are inclined to dismiss cases in
default hastily.
2. Before a case is dismissed by reason of the
absence of complainant, the magistrates should carefully
consider-
(a) whether such an order is legal; and
(b) whether it is justified by the
circumstances.
In view of the proviso added to section 247 of the
Code by Act 26 of 1955 even in summons cases the
magistrate can proceed with the case on
complainant's failure to attend when he considers
that complainant's personal attendance is not
necessary.
Reasons should always be recorded where a case
is dismissed in default.
3. In applications for revision of orders dismissing
complaints or cases instituted on complaint, by reason
of the absence of the complainant, it is frequently
urged-
(a) that the complainant was not called;
(b) that the case was dismissed very early in
the day; or
(c) that the magistrates being on tour, the
complainant had no, or insufficient, notice
of the place of sitting.
(ii) The magistrates' records often furnish no
definite information on any of these points. The
following instructions are accordingly issued for
guidance to subordinate Courts: -
(a) Magistrate should not dismiss complaints or
cases instituted on complaint without giving
complainants full opportunities for appearance.
Ordinarily, if a complainant is absent
Inclination to
dismiss cases in
default.
Reasons for

when his case is first called on, his case should be called
on again later, and the time of dismissal should always
be noted on the record.
(b) When the magistrate is on tour, complaints or cases
instituted on complaint should not be dismissed unless
the complainant has had due notice of the place of
hearing.
(c) In carrying out these instructions magistrates should
bear in mind that if a summons-case in which a
summons has been issued, is dismissed on account of
the absence of the complainant the accused must be
acquitted, unless the magistrate decides to proceed with
the case under the proviso recently added to section 247
of the Code. A warrant-case, in which proceedings have
been instituted on complaint, can only be dismissed in
the absence of the complainant, if the offence is one that
can lawfully be compounded, or is not a cognizable
offence. In the latter case the magistrate may, in his
discretion, discharge the accused at any time before a
charge has been framed, under section 259 of the Code of
Criminal Procedure. If the offence is cognizable or is one
that cannot lawfully be compounded, the magistrate is
bound to proceed with the case and decide it on its
merits.
(d) Section 247 of the Code of Criminal Procedure does not
apply when the entire evidence in a case has been
concluded and the case has been adjourned only for
judgment without the attendance of the complainant
having been specially directed.