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Why judge not dismiss case Sou Moto for lack of proactive prosecution
05-Feb-2026 (In Criminal Law)
Complaint is false and has 3 non-cognizable and 1 cognizable IPC offenses. Case is going on 7 years. Complainant is dragging case to harass and not taking full steps to secure summons. Case is stuck in pre CrPC Sec 204 stage. I do not want to make appearance without summons. Without summons, what steps can I take to request judge to dismiss complaint because judge will not dismiss case suo moto.
Hi , I can help you regarding your case , as I am good experience in this type of case. In you case I want to what is stage of your case and then we can make petitions for your request, pls do connect with me
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Adv. Deepak Ranjan
Delhi | 5+ Answers
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Dear sir/madam
You are not required to appear until summons are served. However, through counsel, you can file a dismissal application before the Magistrate or seek quashing under before the High Court, citing inordinate delay, non-compliance by complainant, and lack of cognizable grounds.
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Adv. Nikhil Karwal
Delhi | 25+ Answers
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It is open to a judicial officer to dismiss a case for non prosecution but in your case the facts are not clearly established and as per the available information, the opposite party is keeping the litigation going just to trouble you. In this case you must join the process to put an end to the litigation.
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Adv. Avinash Gaur
Delhi | 5+ Answers
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Approach the concerned Honorable High Court under Section 482 CrPC / 528 BNSS seeking quashing of the case for harassment, delay, and mala fide prosecution.
It is advisable for you to consult an advocate.
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Adv. Abdullah Akhtar
Delhi | 100+ Answers
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Hi there, in your circumstances you'll have to argue before the judge regarding the harassment being done on you due to the dragging of the case.
You'll have to do pre-summoning arguments followed with a formal request for discharge.
It's advisable to contact me and provide more details to assist you better.
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Adv. Ishan Parashar
Delhi | 200+ Answers
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