Complainant's Absence from the court appearance

723 votes

In a criminal case under Section 67 of the IT Act, once the chargesheet is filed and summons are issued, the presence of the complainant/witness is material for the progress of trial. If the complainant is continuously avoiding appearance despite repeated summons, the court has sufficient powers under the CrPC to secure attendance, including issuance of bailable warrant, non-bailable warrant, proclamation under Section 82 CrPC, and, in extreme circumstances, attachment of property under Section 83 CrPC. The conduct of receiving 25 summons and not appearing is not mere “absurd behaviour”; it reflects deliberate non-cooperation and can be treated as an impediment to judicial proceedings. It is not automatically contempt, but if the complainant is willfully obstructing the process of law, you may request the court to take coercive steps to compel appearance or close the evidence of the complainant for non-prosecution. You should immediately file an application before the trial court seeking issuance of appropriate coercive measures under CrPC, and alternatively pray for closure of the complainant’s evidence if she fails to appear despite final opportunity. The Hyderabad court has jurisdiction to act decisively in such circumstances, and prolonged delay cannot continue indefinitely.

Advocate Pavani Kumari LawRato

925 votes

If I get full details of your case I can help you out , basically if u received summons and not attending the court then court will issue NBW non bail able arrest , we can file a petition and cancel that NBW warrant , approach us we will help you

Advocate Rajkiran Govindcar LawRato