Thank you for your response Venu sir!
Please go through the facts below for more than convincing, so I had to file Criminal Appeal before the hon'ble HC to get set aside the lower court order in order to restore the case.
I filed a private criminal case u/s 200 Cr.P.C against my ex-girl (Accused) at lower court in the year 2013. Offences are IPC 506, 425, 384, 499 and 500. She was served with summons to appear before the lower court, instead she approached High Court filing a Quash petition stating that my complaint is false.
The HC granted her with an order to stay the proceedings and stay for appearance of accused, I was served with a notice by HC to respond to her petition, then I filed a stay vacate petition stating that my complaint is 100% genuine opposed her quash petition not to allow.
The matter at HC was pending till 2018, she never single time appeared before the lower court because she had a stay order till 2018. In the same year 2018 her stay order was automatically vacated because of Supreme Court's new ruling, any stay orders of criminal or civil matters should not be exceeded more than 6 months duration.
But her Quash has not been allowed, Once her stay order was automatically vacated, the lower court started proceedings again in mid year of 2018, but she was not appearing before the lower court for many adjournments, eventually the lower court issued NBW against her. Since she with her whole family moved from one city to another city I had to take time to find out her address in order to execute the NBW but finally I found her current address.
Initially the lower court directed NBW to the concerned police to execute but the police didn't help me to execute the NBW. My lawyer filed a memo for advocate commissioner to execute NBW, and the lower court ordered for it and we paid for the process as well. I took advocate commissioner to the accused place where currently she has been living, the advocate commissioner approached concerned police station near by her house to get assistance of lady constable. With the help of ASI, the advocate commissioner went to the accused house but she was not available but he spoke to her family members about the consequences if the accused will not appear before the lower court.
Her family members said to him that they are going to recall NBW in two days. The advocate commissioner returned back to the lower court and submitted his report explaining about what all happened during his execution time, then the lower court gave us next adjournment date. In the next adjournment date the accused again didn't appear and the magistrate dismissed my complaint for default U/s 256 Cr.P.C for non appearance of the accused even though as a complainant I was present and ready to proceed with the case.
Please see the illegal order given by the magistrate wrote on the docket. Business : The accused called present. The complainant called present. The counsel for the complainant failing to take appropriate steps to ensure the presence of the accused before and intention drag the matter with insufficient the matter pertaining to year 2013. The matter is coming only for the appear of accused since so many years, in view of the long pendency of the matter and inability of the complaint to ensure the presence of the accused before the court. The complainant is dismissed for default U/s.256 Cr.P.C.
Nature of Disposal : DISMISSED FOR DEFAULT As a complainant I was appearing before the lower court regularly on every date. I wanted to contest the case still I am and will be willing to contest the case. The accused was not present on the last date but the magistrate wrote on the docket that the accused was present.