Cross before framing of charges

Suhas Shivalkar (Querist) 30 March 2017 This query is : Resolved
Sir,

I have explored the site and realise that asking for complainant's cross before framing of charges is supported by Hon Supreme Court.

I am a complainant in a case where Ld Court on his own has refused permission to cross me after my chief was over. The accused appealed in Sessions court against the order. Case is yet to come for hearing.

My query is suppose if I am crossed and charges are framed, then accused's lawyer will cross me again? Or only lawyers' arguments will take place. What is the convention.

Thanks for answering. Regards.

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Dr J C Vashista (Expert) 01 April 2017
Complainant is liable to be cross-examined by the accused/counsel for the accused (summoned). Arguments of Counsels of the parties shall follow, before framing of charges but not subsequently.

The court(s) do not function on the basis of "any" convention but on procedure.

For further queries/clarifications discuss with some local senior lawyer.

Suhas Shivalkar (Querist) 01 April 2017
Respected Dr. Vashista,

I am grateful for the reply. However,my query is whether there are two cross exams of complainant, i.e. one before framing of charges and if charges are framed, then again as it is right of the accused?

Thanks and Regards.

Dr J C Vashista (Expert) 02 April 2017
Dear Mr. Suhas Shivalkar,

Cross-examination of complainant is only once, i.e., before framing of charges but after summoning the accused, which I have already clarified in my earlier reply.

Regards.

Suhas Shivalkar (Querist) 02 April 2017
Respected Sir,

Thanks for the reply. My doubts are cleared.

Thanking You once again.

Regards.

Suhas Shivalkar