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Advocate_Sukanya (Advocate)     13 February 2012

Five panch witness absent in court - complainant absent too

Honoured Members of lawyersclubindia,

My name is Sukanya and I am just passed out advocate. My senior Advocate died unexpectedly and I am handling a criminal case single handedly.  I have some urgent questions in my case.

In a criminal case of my client, the complainant , the victim and all five panch witnesses are absent in court and did come for single day to court. Only the IO, a govt medical doctor and  a constable ( all police witnesses) came to court for witness and cross examination.

Members my question is

1. Can I file for dismissal of case.

2. In the present case, can my client ( the only accused) file for exemption for 313 statement?

3. What else should i do?

 

Please help me members. I am ashamed of my trivial questions. But please help me, as my next hearing date is tomorrow.



Learning

 4 Replies

sridhar pasumarthy (ADVOCATE)     13 February 2012

what is the natue of the case?

Is it a summons case or warrant case?

What are the offenes?

What is the stage of the case?

sridhar pasumarthy (ADVOCATE)     13 February 2012

You may seek for permission to file a written statement on behalf of the accused instead of giving answers by him orally u/s 313(5) cr.p.c.

Advocate_Sukanya (Advocate)     13 February 2012

it is warrant case. The maximum punishment is 5 years.

assault case. some injury reported by complainant.

case is at the accused witness stage

Advocate_Sukanya (Advocate)     13 February 2012

it is warrant case. The maximum punishment is 5 years.

assault case. some injury reported by complainant.

case is at the accused witness stage


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