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LET'S EXPLORE   12 October 2018

dismissal of case in absence of witnesses

case going on since 2012,
u/s.420 and 34.
two accused in Case.
I'm accused no.2.
main focus and allegations of case is on accused no.1.
upto now only complainant and one witness has been testified and cross examined.
summons sent to other witnesses but they are not coming.
so is there possibility that under such circumstances case be dismissed?
can advocate for accused under such circumstances apply for case to be dismissed?
kindly guide .
thankyou.


Learning

 3 Replies

Adv Deepak Joshi +917017821512 (Advocate)     12 October 2018

Dear querist,

In case with the help of one witness case can be proved beyond doubt then case cannot be dismissed.

Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Vinit Nair   16 October 2018

if no witnesses and the complainant do not appear in the court then and then only the Hon'ble Court can give a ex-parte order on the request of advocate of the accused.

Vinit Nair   16 October 2018

in your case it can't be done since 2 witnesses are examined.

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