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App.under311cp

(Querist) 09 December 2013 This query is : Resolved 
Application under order 311 of criminal procedure.

Cw1 has appeared several times and took her convenient before Honorable court. According the cw1 had tendered her evidence on 07.11.2013 with newfacts and what the allegations she made in complaint same were not disposed before Hon'able court and the prosecution was shown
Mozhar [work sheet , submitted by police] and also enquiry report she was unable to identify or admit the same before the court.Therefore the senior public prosecuter was tunrned as a hostile witness acordinngly senior prosecuter sought adjourment for the cross examation of cw1\pw1, and the court granted the adjournment and posted the above case of pw1 on 26.11.2013 but the senior public prosecuter without cross examation the same came with frivlous application under order 311 of criminal procedure code to lead further chief examination from Hostile witness
Is this frvolous applicaton filed by senior prosecuter for seeking the further chief examination by educationg\ manipulating the story\ evidence to make further allegations against accused and also to fullfil the lacunas,permissiable cour is allowed or not.? The fact is court has permitted to new chief examation. Kindly advise and guide to me. With regads Manish Jain.







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Nadeem Qureshi (Expert) 09 December 2013
permission to grant or allowed the application is depend on the coutt. it will be better to contact a lawyer with all case documents for best advise
Rajendra K Goyal (Expert) 09 December 2013
Court has given permission, agrieved party has all right to appeal against the decision.
N K Jain (Querist) 09 December 2013
Hi,
What will be worth and weight of her further evidence in 498a trial where she already could not give proper answers to the question asked by public prosecure?
She can now come get prepared and manipule and can give evidences to her advantage to fullfill the lacuna?
How will my 498a trial get affected as court allowed her to be re-examined in cheif by Public prosecuter?
Kindly advise.
Regards
Mansih


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