Chandan Garg
(Querist) 29 December 2011
This query is : Resolved
Can an accused in a complaint case file an application for calling of witness untill he is summoned
Advocate. Arunagiri
(Expert) 29 December 2011
The accused does not have any locus standi, before he gets summon from the court.
Devajyoti Barman
(Expert) 29 December 2011
Yes before the issuance of process the accused person has no locus standi in the case.
prabhakar singh
(Expert) 30 December 2011
There can not be any grievance to accused before he is summoned in the case even by any stretch of imagination that is why accused does not have any locus standi before summons.
Deepak Nair
(Expert) 30 December 2011
Simply, accused becomes a party to tne case only after he is summoned
dev kapoor
(Expert) 30 December 2011
Accused has no right in the proceedings before cognizance is taken in a criminal complaint (Pvt )& he is ordered to be summoned.He cannot file application for summoning witnesses nor can he take part in the pre-cognizance stage of the complaint.
jitendra narain sinha
(Expert) 31 December 2011
Never, but u can simply watch the proceeding.
Chandan Garg
(Querist) 03 January 2012
thanks all but what if the complainant closed his pre summoning evidence malafidely afraid of the fact that the remaining evidence being govt record can adversely effect his complaint.
Advocate. Arunagiri
(Expert) 03 January 2012
the court will decide the next proceedings based on the available records.
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