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498a 406

(Querist) 20 June 2017 This query is : Resolved 
In 498a & 406 Prosecution has closed their evidence,then I was put to questions by court u/s 313.Then submitted list of Defense witness. On 06-06-2017 one of DW was examined the DW was cross examined by Prosecution by Prosecuting officer in the court of Judicial Magistrate Ist class.
Now on 19-06-2017 the counsel of complainant/ lady has submitted an application that he be also allowed to cross examine the DW & the DW1 be recalled for cross examination. My submission is
1) Is such application maintainable.
2) Can court allow him to re-examine DW1 who has been already cross examined by Prosecution.
3) If possible please share some judgement.
Kindly advise. I will highly obliged.
Dr J C Vashista (Expert) 21 June 2017
Adoptive name "victimmale" does not bring you out of the tag of "anonymous" author and anonymous author is not entertained.

What is the opinion and advise of your lawyer/senior (if you are the counsel for accused)? Why do you need second opinion of experts on this platform?

P. Venu (Expert) 21 June 2017
Yes, what is the opinion of your advocate?
Mustafa Bhat (Querist) 21 June 2017
Sir
I am victim of 498a & 406.l not a lawyer sir.
My lawyer said we will file objections & will then see.
Mustafa Bhat (Querist) 21 June 2017
Sir
I am victim of 498a & 406.l not a lawyer sir.
My lawyer said we will file objections & will then see.
Mustafa Bhat (Querist) 21 June 2017
Sir
I am victim of 498a & 406.l not a lawyer sir.
My lawyer said we will file objections & will then see.
Rajendra K Goyal (Expert) 21 June 2017
You asked:

1) Is such application maintainable.

Reply:

Depend on the court on the basis of merits of the case.

You said:

2) Can court allow him to re-examine DW1 who has been already cross examined by Prosecution.

Reply:

Yes, if of the opinion that it is necessary in the interest of justice.

Rajendra K Goyal (Expert) 21 June 2017
You said:

3) If possible please share some judgement.

reply:

Judgment / reference cases / ruling / citation / decided cases not provided / supplied in this section.
Mustafa Bhat (Querist) 21 June 2017
Thanks for your kind advice...
Kumar Doab (Expert) 22 June 2017
Your counsel is helping you.

Kumar Doab (Expert) 22 June 2017

The query posted only as.... ‘Anonymous’... is not replied as per decision of experts that I have also been observing.
Kumar Doab (Expert) 22 June 2017
In case you have apprehensions obtain 2nd opinion from a very able local senior counsel specializing in service matters, for a considered opinion.
P. Venu (Expert) 22 June 2017
Such a course of action does not appear to be permissible in terms of the provisions of Section 301(2) of the CrPC.
Mustafa Bhat (Querist) 22 June 2017
P. Venu Sir
Is Section 302 Crpc applicable to such case/ Circumstances.


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