defence witness

sachin sethi (Querist) 03 January 2011 This query is : Resolved
Can a person accused of any offense, call the complainant of the case to be examined as a defense witness????????? Factual background is that complainant was though cross examined previously when he appeared as witness in support of his case,, but previous Ld. Counsel failed to cross examine him on material aspects of the case,, after that an application filed by accused under section 311 Cr. P.C. to recall the complainant for further cross examination has been dismissed.....Please help with any case law also on the point of complainant as defense witness...

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SANJAY GUPTA (Expert) 03 January 2011
you file revisional application before the Sessions court or high court against the orderr of the magistrate rejecting the prayer of 311 Cr.P.C.

sachin sethi (Querist) 03 January 2011
Sir, I have gone through the case law but the revision petition against order rejecting an application under section 311 CRPC is not maintainable under section 397 (2) CRPC...only recourse available is to approach high court under section 482 CRPC,,and I had advised the client to do so,,,but he do not want to approach high court for the reason best known to him....

Dineshwar Singh Kaushik (Expert) 03 January 2011
The complainant may not be examined as defense witness. You have remedy to file revision petition u/s397(2) and which is maintainable.There are number of judgments.

Arvind Singh Chauhan (Expert) 03 January 2011
Complainant can be called as witness if his name is enlisted in the list of witnesses of the defence. Though there is not clear provision in law but it is not illegal or irregular also.

Ajay Bansal (Expert) 04 January 2011
Agreed with Arvind.

sachin sethi (Querist) 04 January 2011
Thank you Sir,, I also thought that if an accused files his list of witnesses then court for sure can not decline it,, even if complainant is called as a defense witness...because in such a situation accused is not asking the court for permission rather he is filling his choice as list of witnesses..please guide me if I am right on this aspect??????