Crpc 324/326who can be called first
arunkumark
(Querist) 13 November 2011
This query is : Resolved
in criminal case in the begining of hearing if the complainant does not appear for the first hearing can the court tell the public prosecutor to go ahead with the other witnesses present in case.
i think the court should go serialy ie complaintant first then other witnesses/Io/panch/medical officer etc.is there any law for this.can we object to the court the above is not followed.what is the law.
if we can go ahead with other witnesses for speedy trial then we can loose our defense by disclosing our evidence and the advantage is to the complainant who can modify his story after hearing the witnesses.here in my case the complaintant wants know whether all the witnesses will depose in my favor or not.please give case laws and other references
Devajyoti Barman
(Expert) 13 November 2011
No , the court can not do so. The court would fix another date for his apperance. If on repeated occasions the de facto complainant fails or neglects to appear then warrant of arrest would be issued to ensure his attendance.
Rajeev Kumar
(Expert) 13 November 2011
I agree with Mr. Barman
Arun Kumar Bhagat
(Expert) 13 November 2011
Order of examination of Witness is the discretion of the Prosecution. Court should not dictate the order.--------1975 Cr.L.J 216.
If the defence proposes to postpone the cross-examination of the complainant on the ground of prejudice, the court should exercise discretion in favour of the defence.------ AIR 1933 Cal189: 34 Cr.LJ347.
Shonee Kapoor
(Expert) 13 November 2011
I concur with Mr. Bhagat.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com