498A IPC – complainant remaining absent and delaying trial

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 2 months, 2 weeks ago.

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  • #4149

    anil kumar
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    Sir I am main accused in 498a case filed by my wife in year 2014 and fighting same in- person. My father and married 2 sisters are co-accused. Now cross of the complainant is under progress. For the last 5-6 dates complainant is not coming for the proceedings and delaying the trial with help of her lawyer. What are the options available for me to ensure speedy trial of the case. Hon. Court has issued BW against the complainant to ensure her presence. Pl guide.

  • #4170

    Usually, if a witness does not attend the court in spite of summons issued by the court, warrant can be issued for ensuring his or her presence. Generally, initially a bailable warrant is issued, and if the need arises, subsequently, even a non-bailable warrant can be issued by the court. In your case, a bailable warrant has already been issued. If the complainant still does not attend the court, you can request the court on the next date to issue a non-bailable warrant against her.

    If, ultimately, she fails to attend the court, then her evidence will remain incomplete since in the absence of cross-examination, her examination-in-chief would not be read in evidence. In such a situation, it would be as good as if she was never examined in the court. It will ultimately be helpful to you, since if the complainant herself is not appearing in the court, the chances of your acquittal would increase drastically, especially in a case of Section 498-A IPC, which is of a personal nature.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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