Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Criminal Procedure Code (V of 1898)--- ----S.561-A---Inherent powers of High Court---Dismissal of complaint---Reluctance of complainant to appear in witness box---Scope---Accused was facing trial in an FIR registered under Ss.302 34, P.P.C. in the year 2004---Challan was submitted in the year 2004 and the charge was framed in the year 2010---Complainant and the main witnesses since then had not appeared in the Trial Court to get their evidence recorded---Conduct of the complainant indicated that in fact he had no evidence against the accused and thats why he was avoiding to appear in the witness box---Prosecutor though had referred to the order of Trial Court in which it had ordered the arrest and production of material witnesses but if the witnesses were brought in chains then they could not be treated as free and impartial witnesses---Failure of the complainant to appear in the witness box for the last 14 years despite being available around the court was enough to dismiss the complaint and acquit the accused---Application was allowed as prayed. JUDGMENT NAZAR AKBAR, J.--- The applicant is facing trial in FIR No.18/2004 under Sections 302 and 324, P.P.C. registered at P.S Balida, Hyderabad on 10.5.2004. The FIR was lodged by one Qazi Talmiz @ Taani. The accused was arrested and after two years imprisonment he was released on bail. However, meanwhile challan was submitted on 26.5.2004 and charge was framed on 1.2.2010. Since then the complainant and the main witnesses who were allegedly injured are not appearing in Court to record their evidence. Despite repeated efforts by the prosecution, the complainant has refused to appear in the witness box and the alleged injured in the FIR has also refused to appear in the witness box. In the last 10 years after framing of charge the failure of the prosecution to produce complainant and the injured can only mean that prosecution has no evidence. The avoidance of complainant to appear in Court means he knows he cannot withstand the test of cross-examination. It is strange that for the last ten years the prosecution has failed to produce main witnesses, viz., the complainant and injured who are readily available at their…

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