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Dear Experts of LCI,
In one of the hearing of a Cr.case( forgery ) between the State & Accused, a petition u/s.311 Cr.PC was filed by the Accused & accepted by the Magistrate. Magistrate ordered to issue summon to the Complainant. Summon was received by the Complainant & attended the Court hearing but for that hearing the Accused was not present. On that hearing the Magistrate has ordered for issuing fresh Summon to the Complainant & posted the case for next hearing date.
Like this over 10 hearings have gone (Accused has never attended for these hearings). For each of these hearings the Magistrate has ordered to issue fresh summon to the Complainant, But the Complainant has not received any summon for any of these hearings.Complainant was given to understand that the summon has not at all been issued by the Court. Under this circumstances what action the Complainant can take?
Will be gratefull for your early reply.
Thanks & Regards,
Thanks for your reply Mr. Modi. Here the complainant is PW1 who has deposed & marked documents & the case is in evidence stage. Accused side filed a petition U/s.311Cr.PC & Court has accepted & ordered to issue Summon to PW1. Summon not issued for over 15 hearings as such PW1 has not attended the hearings. Also the Accused has nevr attended all these hearings & filed Petition u/s.317 & the Court has accepted it. Under this circumstances is correct on the part of PW1 to be absent for hearings on the ground that he has not received any summon?