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Tarun (director)     11 September 2013

Non appearance of complainant

It is a case of an anti corruption against a govt employee.

What a court can do if the complainant doesnot appear after the court has issued several warrants against him???

Can it reject the case and acquit the accused.



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 2 Replies

Saurabh..V (Law Consultant)     11 September 2013

@Author

 

Irrespective of the nature of the case, if the trial court is satisfied that without any reasonable grounds, the prosecution is not able to proceed with the case and there is no response from the complainant party, then it may in it's own discretion, discharge the accused or close the Prosecution Evidence and move the case to next stage of hearing i.e. Defence Evidence (if the case is in evidence stage).

 

//peace

/Saurabh..V

Tarun (director)     11 September 2013

Since last 2 dates of hearing, permanent warrants have not been executed by police, so for how much time/how many hearing the court will wait for the complainant to appear or to discharge the accused? He has appeared in court after the court has written a letter to the S.P. when the summon can't be delivered to him for 8 hearing dates but because of some other case he can't be heard on that day, for the next hearing date he was informed on the same day only and he signed in the court for next date...from that day he is not appearing in court since last 4 hearing dates....guide me the next step...what can be done now???


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