CrPC Section 249 — Absence of complainant

CHAPTER XIX TRIAL OF WARRANT-CASES BY MAGISTRATES

General

Summary

If a case was started on a complaint and the complainant is absent on a day fixed for hearing, the Magistrate may discharge the accused before the charge is framed. This applies only if the offence may lawfully be compounded or is not a cognizable offence, and the decision is left to the Magistrate’s discretion.

Official Text

When 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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