Nitin Kalshetti 01 February 2019

presence of complainant mandatory,unlike accused?

could anyone inform me,the provision, wherein complainant's presence should be equally necessary before court, along with accused.
This is very important,because in most of the cases, the complainant files the complaint and rests well at home,whereas,the accused has to be present before court, each and every date,fearing the warrants. By the time, the accused acquitted, he is exhausted with 'court or chhakar pe chhaker'

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SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 01 February 2019

All Criminal cases are Mr.x and Mr. y and Government of..... Once a complaint is registered and Police file the case in the Court, both accused and the complainant are equal before the Court. Both should necessarily attend the Court without fail, unless for valid reasons, Court exempts the Complainant.

If complainant does not attend the court also summons shall be issued and if still does not attend, arrest warrant may be given in extreme cases.

TGK REDDI 02 February 2019

If it's a police case, the SHO is the Complainant. The court constable can represent the SHO.

P. Venu (Advocate) 02 February 2019

The posting is an overstatement. The accused need not be present in every hearing; the court can exempt at its discretion. As to complainant, in a cognisable offence the defacto complainant is only the witness in the proceedings before the court; he/she needs to be present only when summoned for deposition. In a complaint case, the position of the complainant is no different from that of the accused.