Absence of complainant
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Summary
When a case began on a complaint and on a fixed hearing day the complainant is absent, and the offence can legally be compounded (settled between the parties) or is not cognizable, the magistrate may discharge the accused at any time before the charge is framed. The power is discretionary, so the magistrate need not discharge even if these conditions exist.
Example
Priya files a complaint that Aditya damaged her shop sign. On the hearing day Priya is absent, and the damage offence is compoundable. The magistrate may discharge Aditya before framing any charge.
Bare Act
Enacted textWhen the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.
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