Non supply of list of witnesses in complaint

Querist : Anonymous (Querist) 19 December 2010 This query is : Resolved
Can summoning order be quashed on the ground that list of witnesses has not been filed by the complainant ?

Follow Query

Report Abuse

SAANJAAY GUPTAA (Expert) 19 December 2010
Its not the only ground for the quashing, i hope so, if the magistrate allowed the complainant to summon as witnesses he must noted some order in the ordersheet, kindly go through the order and then decide the future cource.

s.subramanian (Expert) 19 December 2010
No. That ground alone will not be sufficient for quashing. It is merely an irregularity and not an illegality. The court can issue a direction to the prosecution to furnish the list at any time. It will not and cannot cause any prejudice to the accused to seek quashing of the case.

Advocate. Arunagiri (Expert) 19 December 2010
List of witnesses is not mandatory at the time taking congnizance. It is necessary only at the time of sending summons to the accused. refer 204 (2) cr.p.c.

Even otherwise this irregularity can be cured at any point of time. So, this can not be a ground for quashing.

Arun Kumar Bhagat (Expert) 26 December 2010
One can submit list of witness afterwards.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries