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joe (Dr)     15 June 2011

How should a court deal with this issue

Dear learned gentlemen and gentle ladies,

Scenario:

1: party A files a case against party B for Trespass and Assault.

2: a number of years (say 4) pass before the case comes up for hearing.

3: party A (the alleged victim)  has since migrated and is unable to be present at the hearing; and is not represented.

The question:

Should the court (a) Summarily dismiss the Trespass and Assault charge against the alleged perpetrator (b) Issue a summons for the alleged victim to be present (c) failing which - order the arrest of the alleged victim for not showing up in court?



Learning

 2 Replies

Arvind Singh Chauhan (advocate)     15 June 2011

If the charge has been framed and complainant is neither reperesented by his legal representative nor by his lawyer court must dismiss the complaint and acquit the accused. under Sec 256 Cr.P.C.

1 Like

joe (Dr)     15 June 2011

Scenario 2 - a modification of the scenario (above)

 

1: party A lodges a police complaint of Trespass and Assault against party B
2: The State files a case against party B for Trespass and Assault.
3: a number of years (say 4) pass before the case comes up for hearing.
4: party A (the alleged victim)  has since migrated and is unable to be present at the hearing; and is not represented
 

The question:

Should the court (a) Summarily dismiss the Trespass and Assault charge against the alleged perpetrator (b) Issue a summons for the alleged victim to be present(c) failing which - order the arrest of the alleged victim for not showing up in court?

 
 

 

 


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