• Prosecution witnesses have not appeared once

Hello,

a case was registered against me and my father originally u/s 120B, 406, 420 in July, 2015 and later on added sections 4067, 468, 471. In order of granting interim bail the Hon'ble Additional Sessions court have stated that there is no iota of allegation against me whereas the interim bail of my father was not granted. The later on added sections were added with influence of Complainant. The signatures have been taken for the report of forensic science lab. The Chargesheet was filed in October, 2015 against the order of Additional Sessions Court including my name and my father's name. My father got regular bail from Hon'ble High Court. There is no prosecution witness appeared in any of the hearing since the filing of chargesheet. Now, the Hon'ble trial court have given a last opportunity to the prosecution witnesses to appear with bailable warrants against them. The complainant on the other hand writing to other police departments (mentioning the same registered FIR number) seeking further enquiry about our personal assets and business dealings.

Following are my queries:

1. What could be the status if the prosecution witness won't appear in any next hearing?

2. Will the absence of Prosecution Witnesses makes our case strong?

3. Can i file a petition seeking quashing of FIR against me?

4. When can i file a criminal defamation suit against the complainant?

5. Can we seek any particular relief from the Hon'ble Trial Court?

6. Can a police departments have legal rights to enquire about our personal assets and business dealings?

7. What recourse we can avail for the same and how we can deny to provide the details?

Any other suitable information in this regard is also welcomed.

Thanks
Jatin Singal
Asked 7 years ago in Criminal Law
Religion: Hindu

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3 Answers

1)court can dismiss compliant for non prosecution

2) absence of prosecution witnesses makes your case strong

3) dont file petition for quashing now . it is in your interest that prosecution witnesses do not turn up in court

4) you can file complaint for criminal defamation now

5) police can conduct inquires regarding your assets and business dealings as complainant case would be money gained from fraudulent transactions has been used for buying property and making other investments

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. The court can dismiss the case if the witnesses do not turn up or it may decide to issue NBWs for their appearance.

2. If no prosecution witness comes to testify against you the court will have no option but to dismiss the case.

3. Without a perusal of FIR it is not possible to state the prospects of quashing.

4. A suit for damages can be filed after the court discharges you.

5. In the course of investigation the IO can surely enquire about the personal assets and business dealings of the accused if this information is relevant to the investigation.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. The police will produce the witness by serving the summons on them

2. Yes of course your defence will become stronger

3. After the charge sheet is filed, you cannot file petition for quashing FIR

4. If you feel being defamed you can file one now itself.

5. What relief you want, being an accused no such relief can be claimed.

6. No hey cannot do so, only IT department can do so.

7. You can challenge the case on merits from you side.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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