What happens if complainant does not appear in court, How to bring him?
14-Jun-2024 (In Criminal Law)
In such a scenario when the complainant does not turn up in the court for evidence, the court will issue summons against the complainant to come to the court and depose. If the complainant doesn't come despite the court issuing summons a couple of times, then the court can drop the testimony of the complainant.
Also, in case the Complainant does not appear in court despite repeated summons, the matter can be dismissed by the Court in default due to the Complainant's non-appearance.
Recently, Punjab Vigilance Special Judge had declared the Complainant as Proclaimed Offender as he had not appeared before the Court despite repeated summons and ordered attachment of his property.
Furthermore, you can file a petition before the High Court for quashing of FIR on the ground that the same is false and the Complainant has never appeared before the Trial Court.
Thereafter you can can file a complaint in the court for the offence of defamation.
Lodging of a false FIR/complaint is punishable under IPC. Such an informant / complainant can be proceeded against under section 182 IPC or under section 211 Indian Penal Code by the police. You can file a complaint to the said Police Station where the FIR was registered to proceed against the Complainant under Section 182 or 211 of the Indian Penal Code.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
No Comments! Be the first one to comment.
- [9/10, 6:19 PM] Million: I paid cash to a Malayali to go abroad for a
- My case status displays disposed of but order is not uploaded yet
- Case number 277 district cout sungrur city Suman 3. Year 2023
- Sexting- defamation issue by verbally or transmission
- Discharge in 498A,377,494,323,504,506,34 case before trial
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."