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Remedy for pendency of case due to non appearance of last two evidence
09-Jan-2023 (In Criminal Law)
My case having FIR No. 465/11 U/S 420/468/471 pending since long, due to non appearance of last two PWs. One is Advocate by profession, another is IO of case. From long time second last PW not appearing due to the reason PWs failed to prove allegations. Scientific evidence of FSL is in favour of me(accused)summons not served to IO for appearance.
Let me know the solution from acquit from case.
non bailable warrant should be done against IO and this is also will in favour for ur case and another option is court can give final opportunity to the pw to appear before the Hon'ble court. if he not appear this will also in favour of your case.....
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Adv. Aditya Bhardwaj
Delhi | 25+ Answers
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What are the rights of witnesses in court in India?
Right to protection against intimidation and harm. Right to anonymity when providing evidence, if necessary. Right to safe transportation from and to the court. Right to refuse testimony when the accused is a family member of the witness. 9 April 2022
What happens if witness doesn't go to court in India?
A witness who fails to appear in court after being summoned could be fined or jailed. The proceedings may end or they can be charged with contempt of court. Contempt can be either civil or criminal.
Can a judge allow a witness without advance notice?
In general, the list of witnesses is not just to inform the other party. Its also meant to be shown to potential jurors at voir dire. The key question is whether the potential witnesses are familiar with them. 13 Oct 2016
Can warrant be issued against witness?
A warrant is an official order from the Magistrate that a person be arrested, including a Witness, and brought before the Court. 16 Nov 2021
If the FSL is in your favour then you don’t need to worry. Half of the case is dependent on the FSL only. And if the PWs are not appearing then there can also be a ex-parte decision. But the IO is duty bound to appear before the court to unfold his/her points of defence.
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Adv. Jitender Singh
Delhi | 500+ Answers
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if witness not attending court in india
What happens if complainant does not appear in court
What happens if you don t attend court as a witness
Valid reasons for not attending court India
If witness fails to appear in court
Valid reasons for not attending court as a witness
can a case be dismissed if the witness doesn't show up
If the witness is not appearing after repeated attemps, you can file an application before the court to expedite the process. Even after request is made and witness fails to appear, the court may drop the witness and proceed with the final arguments of the matter.
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Adv. Hardik Sharma
Delhi | 25+ Answers
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