Accused of 493 IPC,what shall happen if the complainant remains absent

541 votes

Hi
In the event of the complainant not appearing in the court, you may ask the court to dismiss the compliant under section 256 of cr.p.c

In Sivaraman Achari v. Aggarwal and Another - 1979 KLT 319 it was held by this Court that three courses are open to the court in case complainant is absent; namely; the Magistrate may (1) acquit the accused or (2) adjourn the case to a future date or (3) dispense with the attendance of the accused and proceed with the case. Which course is to be followed in a particular case should be left to the discretion of the Magistrate. No doubt, the Magistrate is expected to exercise that discretion judiciously and in a judicial manner. Therefore, it is clear that the power under Section 256 can be exercised at any stage.

Advocate Rajagopalan LawRato

580 votes

Hello,

The case is between the state and the accused. The defacto complainant needs to present at the time of direct examination by the prosecution and later cross examination by the defence. Once that is complete, the defacto complainant need not to be present at any stage.

Advocate B. Srikiran LawRato

877 votes

it is the duty of the state to make punish the culprit. coming to your case, if the defacto complainant left the city but, the police has to trace her and produce before the court for giving evidence. even for some more adjournments her presence was not made by the police, the police will file a memo stating the fact and then the court will proceed the case with the remaining witnesses on the list by giving up the defacto complaint's evidence..

Advocate Kadagala Rambabu Naidu LawRato