Dispose off the criminal case pending cjm court

558 votes

This is a criminal matter requiring immediate legal intervention. ​The client, as the complainant/PW-1, has a criminal case pending since 2018 (u/s 354, 354D, 504 IPC). Her continuous non-appearance since 2019 likely led to the issuance of a Warrant/NBW against her, complicating the case and potentially jeopardizing the prosecution. ​Immediate Steps: ​Retrieve Case Status: Immediately ascertain the current court date and status using the e-Courts portal or by contacting the concerned court. ​Recall Warrant: File an urgent application to Recall the Warrant/NBW before the concerned court, explaining the non-appearance due to the change of address and lack of summons. ​Address Disposal: Since the offenses are non-compoundable, the case cannot be simply withdrawn. The only legal paths to disposal are: ​Quashing (Section 482 CrPC): File a joint petition with the accused in the High Court based on a genuine settlement. ​Turning Hostile: If she chooses not to support the prosecution during cross-examination, the accused may be acquitted, but this must be advised carefully.

Advocate Anurag Bhatt LawRato

925 votes

Since you have already given your PW1 statement, the case is now fixed for your cross examination. Because you changed your address, the court summons may not have reached you, which is why you did not receive any further notice. The case will still be pending in the same court and the next date can be confirmed only by checking the court record. If you want to close or withdraw the case, you need to appear before the court and give a statement that you no longer wish to continue the proceedings. After your statement, the court will decide whether to dispose of the matter. You should visit the concerned court, update your new address in the case file, and find out the current status so that no adverse order is passed in your absence

Advocate Aprajita Shukla LawRato