Non-appearance of all witness & Complaintat in CrPC 353/34 trial.

Rahul Deshpande (Querist) 31 October 2010 This query is : Resolved
My client has been booked by police under CrPC 353/34. The charges have been framed & case came to evidence before magistrate after 8 years. The complaintat is a police officer & retired.After issuing several summons/warrants for more than a year the complaintant & all of the witness did not appear before the court. Presuming that all attempts to compell the appearance have been exhausted - under which section/ rule of CrPC the court may dismiss the case & any case law to substantiate?

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s.subramanian (Expert) 31 October 2010
The court has to issue the final notice to the prosecution. Even after that they do not proceed with the case,the court can close the prosecution evidence and proceed to acquit the accused.

Kirti Kar Tripathi (Expert) 31 October 2010
agree.

Devajyoti Barman (Expert) 31 October 2010
First clear whether the case is complaint case or it is a police case. If it is a complaint case then court after giving the complainant a last chance can dismiss the case on the ground of non-prosecution.
If the case is police case then the court can not close the case and would issue warrant of arrest to ensure the production of the complainant.

Guest (Expert) 31 October 2010
YOU MAY FILE A DISCHARGE APPLICATION IN THE COURT MENTIONING ALL FACTS.OR YOU HAVE ALTERNATE REMEDY TO FILE A WRIT PETITION IN THE HIGH COURT UNDER SEC.482 OF CRPC FOR QUASHING THE SAID CASE .YOU WILL SUCCEED.
GOOD LUCK.
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9960223100, 9271971251
e.mail.advocatesawantnb@yahoo.com
e.mail.nandkumarbs@sify.com

Rahul Deshpande (Querist) 31 October 2010
Thank you Mr. Barman

This is a police case & warrant has been issued more than once. The warrant can not be served as police were unable to search the whereabouts of both complaintant & witness. What options does the court have now?

adv. rajeev ( rajoo ) (Expert) 31 October 2010
Court will issue NBW to the wittnesses, inspite of it they didn't turn up then case will be closed.

Sri Vijayan.A (Expert) 03 November 2010
Agree with the Experts.
Particularly with Adv.Rajeev

Arif Iqbal (Expert) 27 September 2011
I too facing a similar problem... two witnesses examined... discloses nothing material.. the complainant and the victim absconding, NBW cannot be executed.. can the learned experts guide with some precedents

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