ashok kumar (Social Worker) 20 May 2013

Non appearance of complainant in a criminal case

Non appearance of Complainant

In a criminal case of extortion, the complainant does not appear for witness having left the city in which the case was registered. Now the complainant does not want to even appear as a witness because of the extremely lethargic criminal justice administration system where the complainant is put to unending agony.

The guidance is needed on 2 fronts

1.Is the complainant bound to appear in evidence against the accused?

2.What is the consequence of not appearing by the complainant?

3.Will the case automatically come to an end if the complainant fails to appear?

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3 Replies

Vinayak (self) 20 May 2013

I am NOT a lawyer

I am NOT giving a legal answer, but something that an citizen should do so that he at least networks with the right people and has some friends who will support him when this same thing happens again

at least this complainant who was harassed and / or neglected by the criminal justice system should join honest NGOs and fight against the lethargy and ineffcicany of the criminal justice system in India

this will at least clear his concience and do some good to society

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regards

Vinayak

David Baker (advocate) 20 May 2013

If the complainant absents himself from attending the Court, the Magistrate can dismiss the case.

Advocate Ravinder (Advocate/Attorney) 20 May 2013

It is not like civil case, where the plaintiff can withdraw the case. In criminal cases, the crime is against the society, so even if the defacto complainant wants to withdraw or compromise the case, the rules will not permit him to do. Once the FIR has been registered and the complainant is listed in the list of witnesses, he should attend the court at any means. If he fails to attend, a Non bailable warrant will be issued against him.

Answer 1—Yes, he is bound to appear in evidence against the accused. Otherwise Non baibale warrant will be issued against him.

Answer 2-- Non baibale warrant will be issued against him.

Answer 3—No the case will not come to end. The police tries to catch the complainant. If he stays abroad, then also the police will not leave him. They use interpole to nab him.