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what will happen if the person who lodge the FIR against me don't come


01-May-2023 (In Criminal Law)
I am in case of 420/416 and want to know what will happen if the person who lodge the FIR against me don't come to Court? Will the case dismiss?
Answers (2)

Answer #1
849 votes
Dear Client
If a criminal case is lodged a person filing the case has to appear in the court on each and every date of court hearing. However he may file an exemption for not appearing on a date with previous intimation to the court. N if he remains absent without reason then also the general view is not to dismiss for only one day of default

Answer #2
627 votes
The case is State Vs. you. So it is not mendatory for complainant to be present before the court. The Public Prosecuter will present the case of Complainant before the court being the representative of the state. Whereas you being the accused, it is mendatory for you to be present in the court on every date of hearing, till you get exemption from the court. In case complainant dont come before court to record his statement and for cross examination during trial, you can request the court to issue warrant for complainant or the evidence of prosecution will be closed. Which will give you advantage at the time of argument. But under no circumstances the case will be closed. Trial will be conducted and will follow the procedure as given under CrPC.

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