Upgrad LLM

non-apperance of complaintant & witness crpc 353/34


My client has been booked by police under CrPC 353/34. The case came to magistrate after 8 years. The complaintat is a police officer & retired.After issuing several summons/warrants for more than a year the complaintat & witness did not appear. Presuming that all attempts to compell the appearance have been exhaused -  under which section/ rule the court may dismiss the case & any case law to substantiate?

 
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08010117611

First of all it is 353/34 IPC. then it bar to court to take cognizance after lapse of the limitation complated in secton 468 of CRPC. In your case you said that the case come to Magistrate after 8 year which bar the magistrate to take cognizance in these section as there is 2 years limitation.

 

As per your version the magistration has framed the charged and fixed the hearing for evidence. The magistrate can close the prosecution evidence by court order. and if there is no evidence come against you then  the accused can be discharged u/s 245 of CrPC.

Being it is a warrant case therefore, needs procedure to be adopted.

The absent of complainant in complaint case i.e. Summon case can effect the case by discharging the accused u/s 249 of CrPC.

 
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08010117611

Please refer to above the line "then  the accused can be discharged u/s 245 of CrPC" be read as under

The accused can be acquitted  u/s 248 of CrPC

 

the word Magistration is Magistrate

 
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batter take a clearcut direction from high court to disposal d case with in limited period.

 
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Rahul

Mr Deepak Kapoor has very rightly suggested

 
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