Legal Question in Criminal Law in India

Quashing / Complainant not attending court

My uncle was intentionally framed as a co-accused by a complainant who was actually looking for his son . Uncle has severed relation with his son since 2003 & is in no contact with him whatsoever . He has never been involved in his son�s business & to prove his innocence has been regularly providing attendance to local police as well as punctual in all court hearings. He is a retired straight forward person & is unnecessarily being harassed to wait until the trial starts. My questions are : 1) Are summons served to complainant as well to be present in court ? because till today my uncle is the only one who goes to court & did not see any other co-accused nor the complainant ? 2) During his last court , there was another co-accused present but the neither complainant nor his lawyer were available as usual . There are few other co-accused who have not been attending as well .Will the court wait till all co-accused turn up? 3) In this situation, can my uncle quash or request for discharge / early trial ? 4) What would be the process for quashing?


Asked on 3/20/07, 2:01 pm

3 Answers from Attorneys
mrugank patnaik msnp

Re: Quashing / Complainant not attending court

1)if it is a complaint case complaint or his advocate must present,or if it is a police case ,in due course summon will served on complaint.2)it depends on facts and circumstance.3)yes,consult with lawyer with all relevant paper.4) in high court u/s 428 of crpc.

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Answered on 3/20/07, 2:27 pm
JUZER UDAIPURI M/S. UDAIPURI & COMPANY

Re: Quashing / Complainant not attending court

Sir, your uncle will have to await trial. This seems to be a police case. In a police case, the original Complainant is merely a witness for the prosecution. He need not remain present, till such time the court summons him. The harassment is purely yours.

You may approach the High Court of the State and request for an early disposal to the case within a particular time frame. There cnanot be quashing of the case, as there may be some material against your uncle.

Kindly consult a good Advocate in your city, and look for options. By email, our contribution is limited.

I hope you understand and appreciate our concern.

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Answered on 3/24/07, 10:18 am
G. M. Gupta gmguptaandassociates

Re: Quashing / Complainant not attending court

apart what sh udaipuri has said i would like to say that if your uncle has good case for quashing ... i mean he has grounds of acquittal then consult a good lawyer and he may get relief from high court.

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Answered on 4/29/07, 10:34 am


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