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what will happen if the person who lodge the FIR against me don't come
01-May-2023 (In Criminal Law)
I am in case of 420/416 and want to know what will happen if the person who lodge the FIR against me don't come to Court? Will the case dismiss?
Dear Client
If a criminal case is lodged a person filing the case has to appear in the court on each and every date of court hearing. However he may file an exemption for not appearing on a date with previous intimation to the court. N if he remains absent without reason then also the general view is not to dismiss for only one day of default
If a criminal case is lodged a person filing the case has to appear in the court on each and every date of court hearing. However he may file an exemption for not appearing on a date with previous intimation to the court. N if he remains absent without reason then also the general view is not to dismiss for only one day of default
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Adv. Suksham Aggarwal
Ambala | 100+ Answers
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What happens if accused person does not appear in Court?
The state has a duty to find an absconding accused before the trial starts. If the accused is absent, the court may proceed to trial 90 days after the date of the laying of charges. 13-Aug-2023
What is non appearance under CrPC?
The section 256 CrPC allows dismissal of a complainant who fails to appear. The Court can acquit an accused after issuing summons if the complainant fails to appear. 28-Jan-2022
What is Section 231 of the CrPC?
The judge may at his discretion defer the cross-examination until other witnesses or witnesses are examined, or recall a witness for further interrogation.
What happens if a witness does not appear in Court?
The Court may issue an arrest warrant if the witness does not appear at court. The witness may be placed in custody and held there until the day of trial. 19-Oct-2019
The case is State Vs. you. So it is not mendatory for complainant to be present before the court. The Public Prosecuter will present the case of Complainant before the court being the representative of the state. Whereas you being the accused, it is mendatory for you to be present in the court on every date of hearing, till you get exemption from the court. In case complainant dont come before court to record his statement and for cross examination during trial, you can request the court to issue warrant for complainant or the evidence of prosecution will be closed. Which will give you advantage at the time of argument. But under no circumstances the case will be closed. Trial will be conducted and will follow the procedure as given under CrPC.
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Adv. Rohtash Kumar Solanki
Faridabad | 25+ Answers
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