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Rampal Singh (bussiness)     12 September 2013

Private complaint procedure

dear experts,

My FIL has filed private complaint to magistrate for ipc 406. Magistrate did an enquiry, examined him and my wife and issued summons to me. I got bail when I appeared in court. Now I have few questions regarding procedure:

1. My FIL is the complainant, but on many dates he is not present and he does not give any application for leave to magistrate. I remember reading somewhere that for 'private complaint', the complainant has the obligation to be present on all dates(and not just his counsel) just like the accused. Is this true? Any reference for this?

2. My FIL has not presented any documentary evidences(bills etc) in his complaint. Can he present them at a later stage now? What is the law: should the evidence be disclosed at the time of issuing of summons to accused or it can be disclosed anytime?

3. In his complaint, he appears to make ground for 5 witnesses. But only two(him and my wife) were examined by court. Will rest of the three be examined during trial or is that opportunity lost?



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