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Two criminal case pending and pw1 not appear for cross
23-Dec-2025 (In Criminal Law)
I have pending two criminal case institute on FIR 1. u/s 354,354d and 506 ipc stage of case : pending for cross examination of PW1 and 2. U/s 65 ,67 of IT Act Stage of case : summon to PW1 .In both case the complainant was same and accused also same . Case 1 : pending for cross examin since 2019 and in ordersheet summon order written . Then what to do on next date
In Case-1 (u/s 354, 354-D, 506 IPC), since the matter is pending for cross-examination of PW-1 & PW-2 since 2019 and the order sheet already shows summons issued, on the next date you should press for cross-examination. If PW does not appear despite summons, file an application seeking bailable/non-bailable warrants or closure of prosecution evidence due to prolonged non-appearance and delay, relying on the right to speedy trial.
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Adv. Namrata Pandey
Adv. Namrata Pandey
Lucknow | 50+ Answers
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If PW-1 again remains absent despite summons, the court may be requested to take coercive steps under Sections 61–90 CrPC or close the prosecution evidence after granting last opportunity. In the IT Act case, on the date fixed for appearance of PW-1, the accused should be present and seek simultaneous or consecutive recording of evidence to avoid multiplicity and delay. The accused can also place reliance on Article 21 of the Constitution (right to speedy trial) and seek expeditious disposal
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Adv. Ajay Shukla
Adv. Ajay Shukla
Lucknow | 50+ Answers
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you can move to high court or you may move application in court for nbw against those persons and if they are not appearing in this matter then you can seek remedy from high court if you want help then you can contact me then i can help you in better way.
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Adv. Ankit Singh
Adv. Ankit Singh
Allahabad | 100+ Answers
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aap sambandhit nyayalay ko avgat karaen ki बार-बार Sakshi Nahin a raha hai to Sakshi ke sambandh mein warrant athva nyayalay Jaisa uchit samjhen aadeshi ka Jari Karke usko Talak Karega Uske pakshat usmein Kiya Jaega ya FIR nyayalay ko Prathna Patra Dekho uska Avatar samapt karaya Jaaye Char bar ke bad hi hota hai aisi sthiti mein aap apne adhivakta ya sammanit case ke Madhyam se vivaran prastut karne wale se apni yachika
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Adv. Saurabh Mani
Adv. Saurabh Mani
Mau | 100+ Answers
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In both cases, since summons are already issued, the simple step is this:
Go to the Allahabad High Court and file an application under Section 528 BNSS to quash (cancel) both cases.
This is a normal and good option when the same person has filed two cases against the same person, the matters are connected, and one case is stuck for many years (cross-examination pending since 2019).
The High Court has special power under Section 528 to stop cases if they look like harassment, waste of time, or unfair. Even after summons, you can ask the High Court to end the cases.
What to do next:
• Collect all papers (FIR, charge-sheet, court orders).
• File the application quickly in High Court.
• Ask for a temporary stay (stop) on the lower court so no cross-examination happens right now.
On the next date in the trial court, go with your lawyer and say: “We are filing in High Court for quashing, please give some time (adjournment).” This avoids moving forward in a hurry.
Talk to a good criminal lawyer who works in Allahabad High Court. They will write and file it properly. Many times this works well in cases like yours.
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Adv. Rahul Agarwal
Adv. Rahul Agarwal
Allahabad | 25+ Answers
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