Parth Chandra (none) 04 October 2011

Query regarding crpc 204(2)

Hi All,

I just went through crpc 204(2) whcih says as below.

2) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed.

My questions are

1) Can I use above section to prevent applicant's witnesses as I have not received any witness list from petitioner in DV and 125 cases and right now applicant’s cross examination is in progress.

2) Can I call PO or Service provider as my witness in DV case to establish that no investigation is done? Can this help?

Awaiting expert opinion.

Regards,

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5 Replies

kuldeep kumar (lawyers) 04 October 2011

a list of prosecution witness is required before summoing any process.any witness left may later give his testimony during trial.u can not use any benifit if such witness is saint and will depose before court everything.

Pranav S. Thakkar (advocate) 04 October 2011

Dear friend!

The Section 204(2) relates with tp send copy of copmlaint to accused with warrent or summons only . It does not mean to include list of prosecution witness to accused.

The Section 204 is not maintainable after Examination of witness begins.

So, you need lawyer for defence now!

Y. T. R. Rao, Advocate, VIZAG (ADVOCATE) 05 October 2011

PLEASE BREIF THE CASE AND YOUR INVOLVEMENT IN THE CASE. AND THE STAGE OF THE CASE WILL HELP ME TO ADVISE APPROPRIATELY.. AND THE RELEIF SOUGHT BY YOU.

LawsFight (Reader) 05 October 2011

Dear PC,

Ask your lawyer to take objection that as per section 204(2) applicant doesn't give any list of witness that to whom she wants to produced in her favor.

As per the sub-section 204(2) provision said that applicant shall submit list of witness before summonsing to accused so that he can prepare for their cross-examination. you can also take objection in your case if cross examination of applicant begins or not so if in future if you are move to upper court it'll noticed.

Therefore with a view that the accused person may not be given surprise, the Legislature, at their wisdom, has provided this provision u/S 204 CrPc.