Hi, you can make a submission before the court that, the complaint is trying to harass you in one way or the other so request the court to dismiss the case.
"B" summary
Dear Friends i need your help in the following questions 1. The (IO) has submitted his report under 169 along with "B" summary in a criminal complaint 6 years back and on a protest petition the Ld' Magistrate has set aside the 169 report and has asked the complainant to proceed with the case but the complainant has been adjourning the case since 6 years on frivolous applications on every date. 2. The stage has come that the Ld' Magistrate is now frustrated as there is an order of expedite from the Hon'ble High Court and the Magistrate has come heavy on the complainant by order on the last application for adjournment of the complainant and the order states that the complainant is directed to proceed with the case without fail on the next date. 3. What can I expect from the Magistrate on the next date. Regards Kishor Chhabria
Asked 8 years ago in Criminal Law
Religion: Hindu
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4 Answers
the magistrate would not adjourn the case on next date in view of HC orders to expedite the case
2)the complainant will have to proceed with trial on the next date
3) if complainant does not do so court can dismiss the case
1. on the next date of the complainant does not take any step then the magistrate can give him a final warning and chance and on the next occasion it can dismiss the case.
2. It can even issue warrant of arrest as well if the complainant does not attend to give evidence in your case.
If there is an unnecessary delay or if the complainant is adopting dilatory tactics without any valid reason, then the court after giving last chance may even dismiss the complaint stating the the complainant failed to prosecute the case despite having given lot of opportunities.
