Examination of pws by complainants counsel in 498a
Mustafa Bhat
(Querist) 16 July 2014
This query is : Resolved
Sir,
In 498A & 406 case there are 12 PWs out of which Prosecution examined only 10 Pw & dropped other 2 PWs.
Out of these 12 PWs 2 PWs were IO's & 4 PW relatives of complainant which favour Prosecution.Out of Rest 4 PWs 2 PWS are friends of accused & witness to his Talqnama & remaining 2 PW are neighbors of accused, these 4 PWs didnot supported the prosecution.The 4 PWs have said almost same in court what they had said in police U/S Crpc 161.
The prosecution has given permission to the counsel of complainant, he submitted in court that he wants to cross examine these 4 PWs as they have not supported Prosecution.
My submission is can the counsel of complainant make such submission, will court allow him to do so, as these 4 PWs deposed their statement in presence of examining chief & were also not decleared hostile as their statement under Crpc 161 & deposition in court was almost same
G. ARAVINTHAN
(Expert) 16 July 2014
Even then they can be permitted to proceed with the case by cross examining them
Mustafa Bhat
(Querist) 16 July 2014
Sir,
They have already deposed statement in court in presence of Examining chief,than my Counsel cross examined them, when all PW have deposed their statement, the counsel for complainant is now asking for reexamination.He should have raised such issue than & there only when a particular PW was examined on a particular date.
At that time no such issue was raised.
So that is what my submission is can the counsel for complainant go for recross examination.
Dr J C Vashista
(Expert) 16 July 2014
I find you (the author) are an advocate and not "Victim", isn't it?
Mustafa Bhat
(Querist) 16 July 2014
Vashista Sir,
I am a victim of 498A & 406 case, so money other similar case, Complain in SHRC,SWC, Departmental Inquire, RCR, Maintenances & other harrasments by my ex- wife & her parents from last more than 5 years, & by being in court from last 5 year & have expert like you always at my help with kind advise I also i would 1-5 % legal experiences.
Out of a these case 498A & 406 has been highly stressful for me for last 5 years.
So, kind suggest what to do Sir,& please give me your valuable advise.
V R SHROFF
(Expert) 16 July 2014
Vashista Sir,
the (the author) is a "" HOUSE-WIFE """
pL CLICK ON VICTIM'S PROFILE !!
HA HA HA ,,what a expert we are, being fooled & DOUBLE CROSSED by such querists..
Mustafa Bhat
(Querist) 16 July 2014
V R Shroff Sir,
I have cleared my reason why I have kept my profile different in my earlier Queries.
T. Kalaiselvan, Advocate
(Expert) 17 July 2014
From your query it appears that the complainant's counsel wants to cross examine 4 prosecution witnesses who have not favored the prosecution case, right? Can I ask you that who is the complainant in the police case, is it the person who lodged a complaint with the police or the state? If it is state, where will a private counsel appear and submit an application before court to cross examine the said PWs? What is the Public prosecutor doing?Are you shooting this query in your academic interest out of your imagination? or trying to cross verify the trial proceedings through this portal?
Mustafa Bhat
(Querist) 18 July 2014
Kalaiselvan Sir,
I am victim My ex-wife lodged an FIR against me for 498A & 406 which culminated into challan, i pleded my divorce in police also so they called two witness of my talaqnama & they have been kept as PW.
Yes, it is fact now the complainant's counsel wants to cross examine 4 prosecution witnesses who have not favored the prosecution case.Even though Sr.PO is pleding the case on behalf of state.
My query is can he make such submission to court & can court allow him to cross exam these 4 PWs, when their statement in court was taken in presence of Sr.PO. & they later cross by my counsel.
Nadeem Qureshi
(Expert) 21 July 2014
yes if there is any hostile witness or witnesses and the party who called them re-examine the same with the permission of the court and court do anything if think fit & proper in the interest of justice.
T. Kalaiselvan, Advocate
(Expert) 21 July 2014
If the court thinks it fit to allow the counsel of defacto complainant has some reason to cross examine the prosecution witnesses, who turned hostile due to improper trial of prosecution or due to some other fear factors which were established by the said counsel through his petition and affidavit, in the interest of justice, after closing the evidence, the court may re-open but in your case, you have stated that none of them turned hostile, hence there are no chances for the court to permit the counsel on her behalf to cross examine the said PWs without sufficient reason authenticated before the court for the purpose.
Mustafa Bhat
(Querist) 22 July 2014
Thanx to all experts for their valuable advise.
