Complainant not attending dates for 498A IPC case

Tilak Marg Forum for Legal Questions Forums Criminal Law Complainant not attending dates for 498A IPC case

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    • #1925
      Anonymous
      Guest

      Though my brother’s wife filed a case under Section 498-A ipc against my brother and the case is now in the trial court for recording of evidence stage, she is not attending the court for 2-3 years. My brother has to go to attend the trial after travelling for long distance and nothing happens. How can she be forced to attend so that the trial goes ahead.

    • #1988

      Though you have not clarified, it appears to be a case based on a charge sheet filed by police, and NOT on the basis of a private complaint directly filed in court. If it is a case based on police charge sheet, then the trial is to be conducted by the public prosecutor on behalf of the State and not by the complainant. In such cases, the presence of the complainant may not be necessary on all dates, except where the court wants the presence of the complainant for her own testimony or for some other special reason. Therefore, the trial can proceed further even if the complainant (wife of your brother, in this case) is not present in court on every date. Only when her presence is required for recording her own evidence, her presence may be necessary. Otherwise, the trial is required to be conducted by the State and the public prosecutor is required to be present.

           


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