LawRato

What happens if complainant does not appear in court ?


14-Jun-2024 (In Criminal Law)
Present case 1) absence of complainant in criminal case. Case is being adjourned. 6 hearings dates have been lapsed. How many such adjournments will be there? Is there any law. rules, guidelines etc. regarding this? 2) In the absence of any advocate (as there is no work for an advocate when complainant is absent) whether the judge can dismiss the case or any application has to be moved or any oral request has to be made for dismissal of the case in such circumstances? 3) What happens if the complainant appears after 6-7 adjournments? Is it not the harassment to the accused? 4) Is there any way to know if there is any communication from the complainant to the court? I shall be highly obliged if my queries are answered.
Answers (5)

Answer #1
277 votes
  1. There is no specific limit on the number of times a criminal case can be adjourned but the court is expected to use its discretion judiciously to ensure that the administration of justice is not unduly delayed.
     

  2. In the trial of a warrant case, as per Section 249, Code of Criminal Procedure (CrPC) if the complainant does not appear on the day of the hearing and the offence is such that it can be compounded or is not a cognizable offence, the Magistrate may, at any time before the charge has been framed, discharge the accused. However, if the offence is non-compoundable or cognizable, the Magistrate cannot discharge the accused merely on the ground of the absence of the complainant. It's important to note that the discharge of the accused under this section is not an acquittal, and the complainant may still have the right to file a fresh complaint against the accused if he or she appears at a later stage of the proceedings.

    In the trial of a summons case, as per section 256 CrPC, if the summons has been issued on a complaint and the complainant does not appear on the day appointed for the appearance of the accused or any subsequent day to which the hearing may be adjourned, the Magistrate may acquit the accused, unless he thinks it proper to adjourn the hearing of the case to some other day. However, there are exceptions to this provision. If the complainant is represented by a pleader or by the officer conducting the prosecution or if the Magistrate is of the opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.
     

  3. If the complainant does not appear even after several adjournments, the accused or his/her lawyer may apply to the Magistrate to either dismiss the case or acquit the accused. The Magistrate will then decide on the matter, taking into consideration the reasons for the complainant's non-appearance.
     

  4. Yes, there are ways to know if there is any communication from the complainant to the court.
    If the complainant has filed any documents or made any submissions to the court, these documents will be part of the court record, which is accessible to the parties involved in the case and their lawyers.
    The accused or his/her lawyer can approach the court clerk or the court's administrative staff to check if any communication has been received from the complainant. They can also examine the court record to see if any documents or submissions have been made by the complainant.

    In addition, if the complainant has engaged a lawyer to represent him/her in the case, the accused or his/her lawyer may contact the lawyer to inquire about any communication or submissions made on behalf of the complainant.

Helpful? LawRato LawRato
Answer #2
844 votes
The Code of Criminal Procedure, 1973 (CrPC) provides for the procedure to be followed in criminal cases, including the rules regarding adjournments. While there is no fixed number of adjournments that can be granted in a case, the court is required to make every effort to complete the trial within a reasonable time and minimize unnecessary delays and adjournments. The Supreme Court of India has issued guidelines to avoid unnecessary adjournments and impose costs on parties for unjustified adjournments. The court may grant adjournments based on the merits of the case and the reasons provided by the parties for seeking an adjournment.

Sections 249 and 256 of the Code of Criminal Procedure, 1973 (CrPC) deal with situations of absence of complainant in a criminal case.

Section 249 provides that in a warrant case instituted upon a complaint, if the complainant is absent on any day fixed for the hearing of the case, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may, in his discretion, discharge the accused before the charge has been framed.

Section 256 deals with cases where a summons has been issued on a complaint and the complainant does not appear on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned. In such cases, the Magistrate shall, notwithstanding anything contained in the CrPC, acquit the accused unless he thinks it proper to adjourn the hearing of the case to some other day for some reason.

These provisions are intended to ensure that the accused is not kept in custody or harassed unnecessarily due to the absence of the complainant, and that justice is done in a fair and timely manner. However, one should bear in mind that the discretion to discharge or acquit the accused in such cases lies with the Magistrate and will depend on the specific facts and circumstances of each case.

If the complainant appears after several adjournments, the court may consider the reasons for their absence and the impact it has had on the accused. While the accused may feel harassed or inconvenienced by the delay in the proceedings, the court is required to follow the due process of law and ensure that justice is done in a fair and impartial manner. In some cases, the court may even impose costs on the complainant or their advocate for causing unnecessary delay or adjournments in the case.
Helpful? LawRato LawRato
Answer #3
770 votes
the case can be adjourned many times. There are no rules. If the advocate is not visiting the court or absence that should be mentioned by the client or there should be some purpose, you need to check with the advocate.
Your question 3 answer is no. question number 4 you need to check in the document department.
Helpful? LawRato LawRato
Answer #4
913 votes
1. If the complainant is not attended the court on said date then court could issue arrest warrant.

2. You can approach high court to get the case quashed on the ground of complainant is not attending the court.

3. You can discuss with me for further.
Helpful? LawRato LawRato
Answer #5
727 votes
Hi...first let me know your case is registered on the basis of private complaint or what? If your case is registered on the basis of private complaint you can file a application before the court for dismissal of complaint.
Thank you
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."