Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

amit prasad (consultant)     10 November 2010

No Appearance In Court

There was a case registered against me and my friends under sections IPC 147,148,149,323,325.This is around 15 year old case.Apart from one appearance when we had to be present in court to get bail,  neither any one of me or my friends or the ones who put the complaint have appeared in the court.

But the case still exists.Most of my other friends against whom case was registered  are abroad now.Can anyone suggest what can happen in this case , especially when the complainants itself are not appearing for any hearing.


 14 Replies

adv. rajeev ( rajoo ) (practicing advocate)     10 November 2010

B report might have filed, I mean false report by police.  On the basis of the B report case might have closed. Verify it.

1 Like

Arvind Singh Chauhan (advocate)     10 November 2010

If delay is caused due to non appearance of witnesses, You can pray to court that much oppotunity has been provided to prosecution now evidence must be closed.

If the delay is due to non appearance of co accuseds, you should pray to court to seperate your file.

1 Like

amit prasad (consultant)     10 November 2010

Thanks Sir.Need some more info :

1.My case is the first one i.e. witness is not appearing.Is it easy to get the case closed if we pray to the court citing the reason as suggested by you.

2.Normally what happens if neither the witness nor the accused ever appear in court.Do they not close the case.Is it that it will keep dragging endlessly?

amit prasad (consultant)     10 November 2010

Do you mean Bogus Report?I am not sure.Can you suiggest how to check it?

Shiva Kant Dixit (Advicate)     10 November 2010

Dear Amit,

Plz follow following steps-

1. File a application to Hon'ble Court praying that court may direct to prepare skeleton file, i.e. Seprate file as suggested by arvid.

2.  When a seprate file prepared then again prayed to conclude the case within reasonable time frame,

3. If court rejects your application then kindly approache the Hon'ble High Court stating all facts of the case, you will definitely got the direction to trial court to conclude the case within a reasonable time (may be 6 months). Because speedy and fair trial is your fundamental rights guranteed.

1 Like

Shiva Kant Dixit (Advicate)     10 November 2010

Amit directly you cant pary to close the case.

Shiva Kant Dixit (Advicate)     10 November 2010

Mr. Rajoo,

could u plz let us know, what is bogus report, when case exist in the court ?

amit prasad (consultant)     10 November 2010

Thanks Sir.I know that witness would not appear in court.They had filed the case for grudge and are not bothered now.They not even reside in India.In this case shud I be doing anything or just forget about the case.

Any idea how much would be lawyers fee for the whole process in a district court?

Shiva Kant Dixit (Advicate)     10 November 2010

Could u plz let me know the district in which your case is pending.

amit prasad (consultant)     10 November 2010

This is in Raipur,Chattisgarh.

Dineshwar Singh Kaushik (Advocate)     12 November 2010

Mr. Amit,

              As you have mentioned that you & your friends had appeared in the court only once at the time of getting bail and after that you all have never appeared in the court . Then first of all you have to find out whether  the investigating agency has submitted the charge sheet or not .If charge sheet has yet not been submitted then you have an option to file a quashing petition before Hon'bl High court. And if the investigating agency had already submitted the charge sheet then you all accused persons have to appear before the trail court and contest it.  

1 Like

amit prasad (consultant)     12 November 2010


If the chargesheet was filed and the other accussed are not interested in fighting the case,what all options I have?

Dineshwar Singh Kaushik (Advocate)     14 November 2010

after appearing in court you can pray to split up your case from the other accused persons who are absconding from the trail and the court after adopting the appropriate procedure the court will split-up your case and proceed further.

amit prasad (consultant)     15 November 2010

I somehow don't understand the logic of this law.If the witness itself is not appearing , what is the problem for the court to quash the case.How can one proceed with any case without a witness.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register