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Petitioned not showing up for court dates


05-Oct-2023 (In Criminal Law)
Petitioner in case u/s 506&509 hadbeen intentionally escaping from last four sessions(as accused had petitioner romance videos with him).How long she can escape without attending court.?Is there any provision for accused to question about petitioner intentionall dragging of case.?If she is not willing to attend to court anymore what will be the consequences we can expect in case.?
Answers (2)

Answer #1
951 votes
Hi
You or your lawyer can ask the courts to issue Bailable warrants against the petitioner for not attending the court for giving evidence.
if the petitioner even after receipt of bailable warrants is not attending the courts, then you may ask the court to dispose of the complaint as the petitioner has not come forward to give evidence.
Hope this helps

Answer #2
718 votes
You have 2 reliefs to exercise

1. If the case filed fraudulently you can file Quash petition and Stay Petition in High Court stating the reason. If the facts and evidences are strong more likely all the charges will be quashed.

2. Make a prayer to HC for speedy trial to direct the session court to dispose the matter within 6 months from the day of the order. The Court will issue warrant to the petitioner to appear without any further delays. Right to speedy trial and Right to speedy justice are guaranteed by Article 21 – A fundamental right.

The said right is not one way. The Madras High Court, Hon’ble Justice P. Devadas stated recently that “Equally, the victim is also entitled to have similar right. The victim, de facto complainant is entitled to know the result of the case given by him. So also, the dejure complainant/police/prosecution. The quick disposal of a Criminal case has the twin benefit of a guilty being punished or appropriately dealt quickly and an innocent is freed quickly.” In Crl.O.P.No.6494/2016

Retain a competent Advocate to file the petition without delay. Good Luck.

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