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Complainer not appearing in the court


13-Aug-2023 (In Criminal Law)
Hello..i have been charged. . case is running from 2008. Everyone month or alternate month court given date to appear. I appear on every date in court. But conplainer never appear in court till date even after summons.. So what we can do? Can we appeal to dismiss case?
Answers (3)

Answer #1
762 votes
No, once the charges are framed there is no provision to file appeal for dismissal, first we will have to see which sections are charged against you. Then on that basis we will have to decide whether to file an application for an ex-parte order or any other remedy to be inducted.
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Advocate Vinit Nair

Adv. Vinit Nair

LawRato Ahmedabad | 50+ Answers
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Answer #2
962 votes
If the complainant has not been appearing before the Court since 2008, then you can produce pursis stating and appealing that the complainant is not willing to pursue the matter and this can be put to an end and pursuant to your pursis, the court may dismiss the case.
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Answer #3
670 votes
When a person has been summoned in a criminal case, but the person is not in custody for the next term, a bailable warrant application can be filed by your lawyer against that person in the court. Even after that, if the person does not appear in the court, a non-bailable warrant application can be given by the lawyer
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Advocate Giriraj B Desai

Adv. Giriraj B Desai

LawRatoAhmedabad | 25+ Answers
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