In a case filed under Prevention of Corruption Act the Investigating Officer is not appearing for his cross examination despite of fact summons are being sent to him regulalrly for the past six months.
How his presence can be ensured ?
What action can be taken against the IO for this delay tactic ?.
What benefits can be drawn in case IO doesn't appear for cross-examination ?
Thanks and regards
Did IO appear before the Trial Court for his examination-in-chief by the prosecution? If not, then why the question is that he is not appearing for his cross-examination for the defense? Confirm whether he is still in the service or retired. If in service, then request the Court to summon his SSP to reply before the court about the non appearance of IO. If retired and drawing his pensions, then ask the court to stop his payment of pensions. Even arrest warrant can be issued against IO, if your lawyer is strong. But please remember that the non appearance of the IO alone would not qualify the accused for his acquittal.
Sandeep, have you any idea of a criminal trial? Do you have any idea as to what is examination in-chief or chief examination of a complainant or witness? Same way, do you know what is cross-examination? What is evidence? What is not evidence?