a girl of age 20 years registered FIR against me under sc at act

635 votes

As she is the complainant, she'll be compelled by the court through warrants to present and give her statements. You can also seek directions from the High Court for the lower court to dispose off the case in a certain time period if you succeed in convincing the judge about your urgency.

Advocate Saurabh Tripathi LawRato

534 votes

If the complainant in an SC/ST Act case has not been appearing before the court for a long period—especially for over 3 years—and it is known that she has absconded or is not cooperating with the proceedings, this can be legally beneficial for your defense. As your advocate, I would recommend the following legal steps: 1. **File an Application for Discharge or Quashing:** You may approach the Hon’ble High Court under Section 482 CrPC to quash the proceedings on the ground of abuse of process of law and non-prosecution by the complainant. 2. **Move for Dismissal Due to Inactivity:** You can also file an application before the trial court itself to close the case or acquit the accused due to the complainant's continuous absence, citing judicial precedents where prolonged absence of the complainant led to dismissal. 3. **Collect Proof of Her Whereabouts:** If there is evidence that the complainant has married someone else or has run away with her lover, such information—if supported by affidavits, witness statements, or police records—can further strengthen your case. Remember, courts view non-appearance of the complainant seriously, especially in cases where the accused has been attending regularly and the prosecution is not able to proceed. You are within your rights to request relief on these grounds

Advocate Manpreet Singh Bamba LawRato

970 votes

Since the complainant has not been appearing in court for over three years, you can take certain legal steps to expedite the matter. First, through your lawyer, you may file an application before the trial court to dismiss the case for “non-prosecution” due to the repeated absence of the complainant and prosecution witnesses. Under Sections 256 and 258 of CrPC ( section 279 and 281 BNSS), if the complainant or key witnesses fail to appear despite multiple summons, the court can close the case or discharge the accused. Your lawyer should request the court to issue bailable and then non-bailable warrants against the complainant if she is deliberately avoiding attendance. If she still does not appear, the court has the power to drop her testimony, which may weaken the prosecution’s case significantly. Additionally, you can file a petition in the High Court under Section 482 CrPC ( section 528 BNSS)for quashing the proceedings on the grounds of abuse of process of law and prolonged delay violating your right to a speedy trial under Article 21 of the Constitution of India. Maintain all court appearance records, summons issued, and absence records as evidence. Prompt legal action can help in getting the case dismissed or decided in your favour without unnecessary delay.

LawRato LawRato