Complainant doesn't appear in court for evidence. How to bring him?

In Criminal Law

If somebody files a FIR in a police station after that the accused is arrested. After the bail when the trial starts the complainant does not come in the court for evidence as he / she filed the case just for mental harassment of the accused.


Is there any legal tool which can compel the complainant to come in the court?


Answers (1)

244 votes

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.

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