Affidavit of chief examination of complainant in 138 nia
kamlesh
(Querist) 09 July 2013
This query is : Resolved
Hi Experts,
A client has approached me for second opinion in 138 NIA case. Matter is pending for Judgment. On perusal of complaint, Statutory notice, Chief examination of complainant on affidavit, cross examination, and other documents, I came to conclusion that the Advocate appointed by the Client has not asked few important questions in cross examination. Also I wondered to see that Complainant has filed Affidavit of examination in Chief and again, Court has taken examination in chief by dictation( asking questions by Complainant's Advocate) in the name of verification of documents filed by Complainant. Does this vitiate trial, and can my client now file revision and request for retrial on that ground? As there are material contradictions in both Chief examinations but still Client (Accused) has very less chance to win the case.
adv. rajeev ( rajoo )
(Expert) 10 July 2013
If some question are not asked in the cross examination now he can file an application u/s 311 of the Cr.P.C. recalling the complainant for cross examination. It is the discretionary powers of the court to allow the application.
Raj Kumar Makkad
(Expert) 11 July 2013
The remedy in the given case vests in the application under section 311 of criminal procedure code. Apply it and get it decided in your favour and then call that witness to witness box.
