VALUE OF CROSS EXAMINATION IF AFTER FRAMING OF CHARGE NO EVIDENCE
Querist :
Anonymous
(Querist) 02 August 2011
This query is : Resolved
Sir
1. in a case after framing of charge, if there is no evidence from complainant after framing of charges then complaint shall dismiss. If the complainant alone present in case but not cross examined after framing of charge whether the cross examination of complainant before framing of charge shall be considered against accused persons? High court opinion case law on this?
2. Settled principle of law that delay will not be condoned if there is no ground or sufficient cause proved by party. Any setteled case law on subject pleae
M.Sheik Mohammed Ali
(Expert) 02 August 2011
whats your charge ? whats the exact case and complaint against you ? give full details, depends upon the situation.will accept
Querist :
Anonymous
(Querist) 02 August 2011
Charging for asking dowry and maltreatment. In a complant case before court direct by complainant. after framing of charge no evidence adduced by her. She was present but not cross examined by counsel after framing of charges U/S 406 498 A IPC.
Ajay Bansal
(Expert) 02 August 2011
In complaint case,if no cross examination of any witness is done after framing of charge[ in proceedings of section 246 Cr.P.C.],then it does not mean that cross-examination u/s 244 Cr.P.C.[ croee-examination before frami ng of charge]can be ignored,if cross-examination of witness after framing charge is not done due to act of accused's side.The court will decide the matter in light of cross-examination u/s 244 Cr.P.C. in such a situation.
Querist :
Anonymous
(Querist) 02 August 2011
Sir
we give deep respect for valuable opinion.
May I request the ld counsel to cite any landmark judgement here which support his kind and wise opinion, so that same can be read for further views of court on this please
Querist :
Anonymous
(Querist) 22 October 2011
Special reply to Ld Adv Bansal jee :
Kindly reconcile your answer as such after framing of charges no witness at all was produced by complainant and complainant alone was present who did not put himself in witnessbox for x examination and thus court ordered to evidence closed.
Now be pleased to look this point and affirm your answer.
Querist :
Anonymous
(Querist) 28 May 2012
THIS QUERY WAS DECLARD RESOLVED BUT THE ANSWER IS STILL AWAITED. PLS RECONCILE AND KEEP PATIENCE.
