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Bk   13 December 2021

498a complainant not attending

In my cousin 498a case summons has been issued to complainant cw1, cw2 but they r not attending the case from last 8 dates wht will happen next.


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 5 Replies

Aryan Raj   13 December 2021

In response to your query 

Usually when someone doesn't show up at the dates inspite multiple summons by the court a warrant can be issued by the court most commonly a bailable warrant initially and then to use extreme force a non-bailable warrant will be issued.

Ultimately if there is a no show at the court after multiple  summons the evidence presented by that party is deemed incomplete due to incomplete cross examination. 

Regards,

Aryan Raj 

Bk   13 December 2021

thanq Raj sir.. my lawyer requested to issue nbw and judge did it.. I felt strange issuing nbw on complainant.. what happens if they didn't show up even now as their address is unknown to police in an metro city. still how many dates judge gives as it is almost 8 dates with no result.. I already won divorce case and married and having a kid.

M V Gupta (Advocate)     14 December 2021

THE CONTINUED ABSENCE OF THE COMPLAINANT IS A GROUND FOR DISMISSAL OF THE COMPLAINT. REQUEST YOUR ADVOCATE TO APPLY FOR DISMISSAL OF THE CASE. 

Bk   14 December 2021

here the catch my attorney thought I will ask this and he ran to judge and asking to issue nbw so tht he want to prolong the case and get some settlement money

P. Venu (Advocate)     16 December 2021

You have the option to escalate the issue beyond the alleged constraints of your lawyer by approaching the High Court and getting direction for time bound disposal of the case.


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