Failure to appear in private proceedings

Art.165-Absence of private prosecutor.

(1) Where the private prosecutor fails without good cause to appear on the date fixed for the hearing, the court shall strike out the case and order the discharge of the accused.

(2) Where a case has been struck out under sub-art (1), the private prosecutor may, within fifteen days of such striking out, apply to the court to have a fresh hearing date fixed. No application shall be granted unless the private prosecutor satisfies the court that his failure to attend on the day of the hearing was due to causes beyond his control.

(3) Where no application is made within fifteen days or it is dismissed, the striking out shall be final with regard to the private prosecutor.

Art.166-Absece of accused.

Where the accused is absent, the provisions of Art. 162 and 163 shall not apply and a bench warrant shall be issued.

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