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how to dismiss a case for non appearance a complainant?


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.

 
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Advocate,9444674980

what is the stage of this case?

 
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About seven years back this relative had pleaded "NOT GUILTY"". But nothing has happened after that. Neither the complainant nor any of the two witnesses has ever shown up in court after that. So naturally the case is now in "Evidence" stage but this process has not even started. The public prosecutor keeps on saying that cannot contact any party due to this and that and then takes another date.

So isn't there any law that says that if the complainant or witnesses do not appear for a certain number of consecutive days then the case is automatically dismissed? The total case from start is now more than ten years old.

 
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Also is it possible to get new PASSPORT while criminal case such as above is going on?

 
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Advocate,9444674980

the Magistrate will give them some time and then you can ask for closure of evidence from prosecution side and you can carry on with your (defense) witness if at all u have. to prove your innocence.


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Sir, I wanted to know whether this case can be QUASHED from a higher court on one or more of the following grounds:

1.The ground of non appearance of the complainant and length of time elapsed.

2. There is no case without cross examination of the complainant and the witnesses.

3.Distorted facts presented by police.

4. Accused needs to go back to another country where he used to stay before. He has no income in this country. 

5. Any other.

 
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Hello

 

If the case is being tried as summons case you can file application under section 258 of crpc for stopping of Case.


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This case under sec 289 and 353 was instituted by O.C. of Police Station on the complain of S.I. of Police Station who claims to have been bitten. Accussed has been granted bail immediately on application ten years back. So above approach by sec 258 is applicable? How to know whether this is a Summons case or not?

 
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Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779

As rightly said by the lawyer Manish jeswani, if the case is  being tried as summons case, the magistrate can stop the proceedings by invoking section 258 of Cr.P.C. on application for the reason that the case is pending for very long period without any improvement in the proceedings.


Otherwise, the defence side can approach the High Court  to quash the proceedings,  wherein,  at least, specific direction could be obtained to dispose the said case within time frame.


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Advocate,9444674980

Both sections fall under summons case, you can give a try by filing petition under sec 258 crpc, but the discretion lies with the Magistrate.


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