498a io absent from last couple of dates

Never Give Up (Querist) 12 February 2013 This query is : Resolved
Hello Experts,

In my 498A case proceeding, all witnesses have given statement, they were cross-examined by our lawyer. Now its turn for IO.

Since last couple of dates IO has been absent.

My question is ,
1. Can we move ahead without cross of IO ?
2. What can we do to bring him to court ? As most of the time police are quite busy with their "Bandobast duties".

Please suggest.

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Devajyoti Barman (Expert) 12 February 2013
1. Yes if court closes his evidence.
2. By issuance of W/A.

Never Give Up (Querist) 12 February 2013
Thank you Barmanji,

Should we initiate closing of his evidence or does judge do it himself ? How does judges views this closing of evidence for IO in 498A cases ?

Please share your experience.

R.K Nanda (Expert) 12 February 2013
1.no.

2.by w/a against him.

Raj Kumar Makkad (Expert) 12 February 2013
It depends upon the opportunities provided to such witness to depose his evidence and your lawyer may pray to provide last opportunity to the prosecution to close his evidence and on that day inssit to get the evidence closed and only then you shall get the desired benefit.

Never Give Up (Querist) 12 February 2013
Thank you Makkad ji, Nanda ji..

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