Can a complainant apply for recall, when he has failed to appear before court for 3years and after cross examination of Investigating officer has been done
1. YES. Complainant can put up an application for recall of his presence /witness statement, BY taking proper NOC /permission from the Public Prosecutor (PP) of the case.
2. Based on above, the PP will move application to court for recall of witnesses /evidences /whatever.... This is irrespective of witnesses /evidences already on record, BUT before close for arguments.