How many times/chances given to recall prosecution witness

gautham reddy (Querist) 30 November 2016 This query is : Resolved
Dear Forum members,

In a 498a case on-going(trial)

no prosecution witness except LW1/PW1; PW2/LW2 and LW9/PW9 (IO/CI) were present
remaining prosecution witness (LW3,4,5,6,7,8) were absent in the first instance

now the State(Police) in this instnat case filed recall petition

Query

how many times a recall petition can be filed for prosecution witness who were absent continously after giving 3 chances in the first instance

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dr g balakrishnan (Expert) 30 November 2016
No limit pls

rajeev sharma (Expert) 30 November 2016
This is at the discretion of the court. File your objection before the court and if the court is satisfied with your argument it will disallow the application.

Siddharth Dev (Expert) 30 November 2016
There is no limit but you may get benefit

Rajendra K Goyal (Expert) 30 November 2016
Agree with the experts.

Sri Vijayan.A (Expert) 30 November 2016
Dear Goutham,
It is the discretion of the Court.

However, if you feel it is a dilatory tactics or the PWs not interested in the case, you raise the objection.

Then the Court shall consider your objection and decide accordingly.

Siddharth Dev (Expert) 03 December 2016
Nothing to add

gautham reddy (Querist) 04 December 2016
Dear Learned Members
thanks for your replies,

As stated in my first query - prosecution re-called witness LW5,LW6,LW7,LW8) AND were present in the second instance (recall petition)

LW3 expired

LW4 stated that he will not come

LW5 turned hostile

LW7 gave witness in favour of defendant. Further LW7 in his deposition statement gave negative call/mnark that the IO did not come to his house at all for investigation.
LW7 also stated that LW6 is his wife and will not come as it is not necessary.

LW8 was simply confused and did not answer anything to JUDGE/PO because of statements made by LW7 and he was asked to leave his seat and go

ALL the evidences (LW 5- 8) were closed

sec 313 crpc closed for a1 to a4

Prosecution is still trying to recall

Answers please...