What happens if complainant does not appear in court, How to bring him?
14-Jun-2024 (In Criminal Law)
In India, what happens when a complainant does not appear in court depends on the type of case, the stage of proceedings, and the judge's discretion. The court may dismiss the case, acquit the accused, issue summons or warrants to secure the complainant's presence, or even proceed on the basis of available evidence.
In such a scenario, if the complainant does not appear in court during the trial, the court will issue summons to compel them to testify. If the complainant not appearing in court continues despite repeated summons, the court may drop their testimony, which could weaken the prosecution's case.
Additionally, what happens if complainant does not appear in court in a criminal case is that the matter may be dismissed due to their non-appearance. Courts have the authority to declare the complainant as a Proclaimed Offender if they repeatedly fail to appear, as seen in a recent case where the Punjab Vigilance Special Judge ordered property attachment for such a complainant.
Furthermore, if the complainant refuses to appear, you can approach the High Court to file a petition for the quashing of the FIR on the grounds that it was false and that the complainant never presented themselves in the trial court.
If the case was filed maliciously, you may also file a defamation complaint. Under Indian law, lodging a false FIR or complaint is a punishable offense. Legal action can be taken against the complainant under Section 182 IPC or Section 211 IPC by the police. If complainant does not appear in court, you can file a complaint at the police station where the FIR was registered to initiate proceedings under these sections.
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