Is it mandatory for complainant to come court in every date?
Ankush dahiya
(Querist) 10 April 2020
This query is : Resolved
Hello
Respectable lawyers,
An unfortunate incident of fraud and forgery happened to me recently and I am thinking to file a compliant/FIR for my losses.
I have 3 questions....
Q1. First step is filing an FIR or we can directly file a criminal case in criminal court?
Q2. When the case will be pending in a criminal court, Do I have to come in every date of prceeding if i am a complainant?
Q3. The answer of question 2 is yes, then At what condition court gives an exemption to complainant to come
in court because i have a job.
please clarify my doubts
thank you..
Raj Kumar Makkad
(Expert) 10 April 2020
1.Directly filing a complaint is best option and if police refuses to lodge the same then also by filing the criminal complaint, a prayer is made to direct the concerned police station to lodge FIR and investigate the case. As in the given situation, the entire burden shifts upon the investigating agency to procure the relevant evidence and the complainant is not required to personally attend the court on any of the hearings except on his personal evidence so this is the best option, however, the complaint can also be got filed.
2. Yes
3. If the complainant/applicant shows sufficient cause necessitating his absence from the attending the hearing fixed for that day, though, in exception cases, permanent exemption can also be got obtained.
Dr J C Vashista
(Expert) 11 April 2020
1.Although you can file a complaint directly with area Magistrate also, it would be appropriate to approach the police with your complaint for filing FIR, however, if the police do not take any action/ lodge FIR within a reasonable time approach its (police) higher authorities, even then if no action is taken move to area Magistrate.
2. If FIR is registered by police you are required to cooperate them in investigation and appear before concerned court when you receive summons, but not on every date. However, if you are moving directly to the Court you will have to attend till the Court takes cognizance of offence and summons the accused, thereafter you will have to appear for your (post summoning) cross-examination
In any case you are not required (legally) to attend all the dates / throughout prosecution, however you may attend it for your own satisfaction.
Dr J C Vashista
(Expert) 11 April 2020
It is advisable to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.
P. Venu
(Expert) 11 April 2020
If it is a case of forgery, you should have already filed the FIR. Since it is a cognisable offence, your status will that of the de-facto complainant; it is the State which is the de-jure complainant and case will bw conducted through the Public Prosecutor. You need to attend the court only when summoned as the witness. Please note that you would be the prime witness,
KISHAN DUTT KALASKAR
(Expert) 11 April 2020
Dear Sir,
Agreeing with the opinions expressed by the above experts I would like to add the following
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Dear Sir,
My answers are as follows:
Q1. First step is filing an FIR or we can directly file a criminal case in criminal court?
Ans: Yes, but sometimes courts insist you to approach the police first and if they refuse for any reason then you can file private complaint under section 200 of CrPC
Q2. When the case will be pending in a criminal court, Do I have to come in every date of prceeding if i am a complainant?
Ans: Law mandates like that under section 256 of CrPC but if exemption is filed by your advocate it may be accepted on few occasions by the Court.
256. Non- appearance or death of complainant.
(1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.
(2) The provisions of sub- section (1) shall, so far as may be, apply also to cases where the non- appearance of the complainant is due to his death.
Rajendra K Goyal
(Expert) 11 April 2020
You asked:
Q1. First step is filing an FIR or we can directly file a criminal case in criminal court?
Reply:
FIR need to be filed with concerned Police Station. If police refuse to lodge FIR, direct complaint can be lodged before the Magistrate u/s 156 (3) Cr.P.C. Take help of local lawyer. Magistrate may ask for preliminary evidences before order for lodging FIR.
Rajendra K Goyal
(Expert) 11 April 2020
You asked:
Q2. When the case will be pending in a criminal court, Do I have to come in every date of prceeding if i am a complainant?
Reply:
Investigation would be conducted by the Police after lodging FIR. Complainant need not go to court on each hearing. Complainant is to appear on receipt of summons from police. He can engage a lawyer to protect his interest in the court.
You asked:
Q3. The answer of question 2 is yes, then At what condition court gives an exemption to complainant to come in court because i have a job.
Reply:
Answer of question No. 2 is no, exemption of appearance of complainant need not preyed on each hearing. If Complainant does not appear in the court on receipt of summons, court may issue bailable / nonbailable warrant.
T. Kalaiselvan, Advocate
(Expert) 13 April 2020
You can lodge a criminal complaint agaisnt the accused before the jurisdictional police station.
The police will enquire and register FIR and filing the charge sheet, the police will prosecute the case through assistant public prosecutor.
Hence your presence may not be required before court on each and every hearing.
You may have to be present only for deposing your evidence in chief and should be available for cross examination.
If the police is not initiating proper legal action on your complaint and if you are not satisfied then you can file a private criminal complaint against the accused directly before the concerned judicial magistrate court.
In tht event you may have to present befor the criminal court on each and every hearing.
No doubt you would be engaging the services of an advocate to prosecute your case.
In that situation you may ask your advocate to file a petition seeking to dispense with your personal appearance before court for the reasons you may rely upon under section 205 Cr.p.c.
Alternately you can give POA deed to any of your friend or relative to represent you before court during your absence.
