AI Overview...
Prosecution in a Civil Case - Main Points and Insights
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Non-prosecution leading to case dismissal: Several sources indicate that if neither the parties nor their counsel appear when a case is called, courts often dismiss the case for non-prosecution without prejudice, sometimes after repeated absences (e.g., Ayyamperumal VS Barisha - Madras, S.Chandresan vs T.Shanmuga Sundaram - Madras, Kemo Lollen VS State of Arunachal Pradesh & Ors. - Gauhati, Shahnawag VS State of U. P. - Allahabad).
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Civil vs. Criminal Prosecution: The term prosecution can refer to criminal proceedings initiated by the state to prove criminal offenses (e.g., under the Indian Penal Code or Prevention of Corrupt Practices Act). In civil cases, the prosecution is not applicable; instead, the parties present their claims, and the court adjudicates based on civil evidence.
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Criminal prosecution and proof requirements: In criminal cases, the prosecution is the party responsible for proving the accused's guilt beyond reasonable doubt, such as in cases under the Indian Penal Code or Prevention of Corrupt Practices Act (e.g., STATE OF ORISSA VS RENGSA - Orissa, [RAJENDRA PRASAD TYAGI
VS STATE OF U P -
Allahabad](https://supremetoday.ai/doc/judgement/02500036010)).
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Legal consequences of non-appearance: Courts often dismiss criminal or civil proceedings if the prosecution or parties fail to appear, emphasizing the importance of active participation to prevent case dismissal for non-prosecution (e.g., Vabeiki Pachorana VS State of Mizoram - Gauhati, Karthick vs Nirmala - Madras).
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Jurisdiction and court authority: Courts have limited jurisdiction to quash prosecutions, especially under specific statutes like the Income Tax Act, and may not have the authority to quash criminal proceedings if the law does not permit (e.g., [RAJENDRA PRASAD TYAGI
VS STATE OF U P - Allahabad](https://supremetoday.ai/doc/judgement/02500036010)).
Analysis and Conclusion
In civil cases, the term prosecution is not typically used; instead, the focus is on the plaintiff or petitioner initiating proceedings. When parties or their counsel fail to appear, courts tend to dismiss the case for non-prosecution, emphasizing the necessity of active participation. In criminal cases, the prosecution is the government entity responsible for proving the case against the accused, with courts requiring sufficient evidence to convict. Failure to appear or prosecute can lead to dismissal or acquittal, depending on the context. Courts generally have limited authority to quash prosecutions unless specific legal provisions allow.
References:
- Ayyamperumal VS Barisha - Madras
- S.Chandresan vs T.Shanmuga Sundaram - Madras
- STATE OF ORISSA VS RENGSA - Orissa
- Vabeiki Pachorana VS State of Mizoram - Gauhati
- Surender Kumar vs Delhi Urban Shelter Improvement Board - Delhi
- ABDUL AZEEZ Vs STATE OF KERALA - Kerala
- Karthick vs Nirmala - Madras
- [RAJENDRA PRASAD TYAGI
VS STATE OF U P - Allahabad](https://supremetoday.ai/doc/judgement/02500036010)
- Kemo Lollen VS State of Arunachal Pradesh & Ors. - Gauhati
- Shahnawag VS State of U. P. - Allahabad
Search Results for "What is the Prosecution Called in a Civil Case"
2014 0 Supreme(Mad) 1925 • India - Madras
V.M.VELUMANI
was absent on two occasions when the case was called, leading to the dismissal of the Civil Revision petition for non-prosecution ... Dismissal - Civil Revision Petition - Non Prosecution - Absence of Counsel Fact of the Case: The petitioner's counsel ... Final Decision: The Civil Revision petition was dismissed for non-prosecution, with no costs imposed. ... Today also when the case is called,....
2025 Supreme(Online)(Mad) 45478 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
, despite notification, leads to the dismissal of the case by the court for non-prosecution. ... ... ... Result: The civil revision petition is dismissed for non-prosecution. ... District Munsif Court, but when called, neither petitioner nor counsel was present, leading the court to dismiss the petition. ... Respondents PRAYER :-Civil Revision Petition is filed under Article 227 of the a href="./.. ... Respondents : Mr.A.Ajith Geethan for R16 to 18, 21 and 22 Mr.J.Karthikeyan for R....
1985 0 Supreme(Ori) 73 • India - Orissa
S.C.MOHAPATRA
The acquittal was justified as the prosecution failed to prove that the act alleged constituted an offence under section 3, and the ... Finding of the Court: The court found the accused not guilty and acquitted them, stating that the prosecution failed ... Ratio Decidendi: The prosecution must prove that the alleged act constitutes an offence under section 3, and the presumption ... Rights Act, 1955 (hereinafter called the 'act' ). ... ... ( 2 ) THE prosecution case is that on 12-6....
2012 0 Supreme(Gau) 1285 • India - Gauhati
T.VAIPHEI
village Myanmar, of and severely assaulted him at a place called College – Victim was evacuated to Civil Hospital, Saiha where he ... doubt on the case of prosecution have also paled into insignificance when the prosecution has successfully established solid circumstantial ... of the prosecution is that, one Lianuka lodged a written ejahar stating, two miscreants robbed of the late Ngunchungnunga of Hripei ... The case of the prosecution is that on 2....
• India - Delhi High Court
JYOTI SINGH
) deemed arbitrary after the petitioner's acquittal in a criminal case; sealed cover procedure used during DPC is called into question ... Jankiraman, (1991) 4 SCC 109 referenced, establishing the rights to promotion after acquittal in criminal prosecution. ... (Para 6) ... ... Facts of the case: ... The petitioner, recruited as JE (Civil) in 2000, faced an unjustified delay ... Petitioner was implicated in a false case in 2003 and a criminal case was registered, o....
2018 Supreme(Online)(KER) 48973 • India - High Court of Kerala
SUNIL THOMAS, J
Fact of the Case: Petitioners operated a chitty company called 'Carnival Kuries'. ... Ratio Decidendi: The court held that monetary transactions with a civil nature do not warrant criminal prosecution, especially ... nature of the transaction and lack of public interest in prosecution. ... Having considered the fact that essentially it is monetary transaction having a flavour of a civil dispute, I feel that no purpose will be served by prosecuting the petitioners herein. The petitio....
2025 Supreme(Online)(Mad) 57062 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, L.VICTORIA GOWRI, JJ
The court stated that when the case was called, there was no representation, prompting them to list the appeal for dismissal. ... failure to appear for prosecution. ... The final decision confirmed the dismissal for non-prosecution on 24.09.2025. ... When the Civil Miscellaneous Appeal was taken up for hearing on 10.09.2025, there was no representation on behalf of the appellant and hence, the appeal was
1997 0 Supreme(All) 1296 • India - Allahabad
J.C.MISHRA
E) READ WITH SECTION 13 (2) - QUASHING OF FIR - INCOME TAX RAID - DISPROPORTIONATE ASSETS - JURISDICTION OF HIGH COURT TO QUASH PROSECUTION ... Finding of the Court: The court held that it did not have the jurisdiction to quash the prosecution at the admission ... Whether the High Court has the jurisdiction to quash a prosecution under Section 13 (1) (E) read with Section 13 (2) of the Prevention ... Officer, for quashing the FIR relating to Crime No. 497 of 1997 under Section 13 (1) (E) read with Section 13 (2) of Prevention of Corrupt....
1991 0 Supreme(Gau) 192 • India - Gauhati
M.SARMA, MANISANA
Fact of the Case: The petitioner and his counsel were not present when the Civil Rule was called for hearing, leading ... Therefore, the order dismissing the petition for non-prosecution was set aside and the Civil Rule was restored to file. ... Therefore, the order dismissing the petition for non-prosecution was set aside and the petition was restored to file. ... Therefore, if neither the petitioner nor his counsel appears when the case is called....
2015 0 Supreme(All) 1797 • India - Allahabad
KARUNA NAND BAJPAYEE
The court was called upon to adjudge the testimonial worth of prosecution evidence and evaluate the same on the basis of various ... under Sections-354, 504, 506 I.P.C. pending in the court of Second Additional Civil Judge. ... Fact of the Case: The application sought the quashing of entire criminal proceeding in Complaint Case No. 1518 of 2014 ... The court has also been called upon to adjudge the testimonial worth of prosecution evidence and evaluate the same on t....
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