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Bk   14 December 2021

acquitting 498a accused

Dear experts,

my cousin case was charged and A2 to A5 got quashed in HC now the case is in evidence stage and the complainant is not appearing the court since 8 hearings, is it possible to use crpc section 256/249 to dismiss/acquit the A1?

Regards,
Kartik


Learning

 5 Replies

Anaita Vas   14 December 2021

Section 256 in The Code Of Criminal Procedure, 1973

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.

Yes, you can use Section 256.

 

Regards,

Anaita Vas

Bk   14 December 2021

thank you Anaita for your response when I googled i found one article from lawyersclub one expert replied it is not applicable at the stage of evidence.. literally confused now.. please let me known can we use 256 in my cousin case are not?

SHIRISH PAWAR, 7738990900 (Advocate)     15 December 2021

Hello,

 

As per my opinion, you can file application u/s 256 of crpc even at evidence stage. 

Bk   15 December 2021

thank you Shirish, I read crpc section 256 and found cases with imprisonment greater than 7 years is not eligible to use sec 256.. can any expert please confirm anyone used this section to combat 498a to get acquitted or any other option to acquit/dismiss the case

Adv. Mohit Chahal (Advocate)     23 January 2022

You may seek NBW against complainant as she purposefully not appearing for her evidence after service of summons.Even, If she does not appear then P.O. proceedings may be initiated against the complainant along with criminal case. Thereafter you may pray for discharge of A 1 for want of prosecution.

Regards

Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

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