A close relative got involved in a State case when the police came to his house regarding a disturbance call and the house dog managed to escape and bit one police officer. He was charged under sections 289 and 353. However ten years has passed and the complainant has never shown up in court. This case has been registered with one complainant and two witnesses. Now it is being heard that this complainant has also retired from the police force.
I do not want to go inside the merits of this case here but this dog biting the officer was not due to this relative's fault. In fact he is not even the owner of this dog.. But if the complainant is not appearing in court, what is the maximum time after which the judge will have to dismiss the case? Also can this case proceed without the complainant ever appearing? Additionally what is the time limit for the appearance of the witnesses?
Your help is needed as the lawyer appointed by this relative has been unable to convince the judge to dismiss the case. On each date the public prosecutor is saying "calling the complainant or calling one witness" etc. and then taking the next date. For obvious reasons this relative desperately wants this state sponsored criminal case off his shoulder and so will be grateful for any input that you can give.