Recording of statement before magistrate
Goapl Garg
(Querist) 03 May 2017
This query is : Resolved
I am complainant in a crininal case and my father is a witness in the same.The Case is Registered in my Home Town at Rajasthan in a small Town where MJM Court presides.The Police has filed the Charge Sheet.The Charges have been framed.The accused preferred Revision petetion against Charge Framing before Session Court which has been rejected.Now the Trial has began and myself and my ailing-aged(83 years old) father has received summon for statement before the court.The Magistrate advised to complete the deposition of my father seeing his physical helath condition.My father"s Statement has been properly recorded by Public Prosecutor.There are three Defence Advocate representing three accused.The First Defence Advocate took long and tiring time in cross examining my father who almost fainted before the court and the deposition was adjourned to next day when my father could not attend the court as he was being treated at District Hospital which also referred to him to Higher Medical Centre at State Capital.A new date is assigned for the pending deposition of my father and by me.Presently My father is not in position to move and has been advised against any kind of travelling and stressfull activity.It is now sure he will not be able to go to court at Rajasthan from Siliguri any more.My local advocate says there is provision for commission but it has never been exercised here and he is not hopefull and is of the opinion that I have to complete the deposition any how at Rajasthan Court which is next to impossible seeing condition of the father at this.What is way out to complete the deposition. (02) Medical Records since 15-20 years are self speaking(03)What are chances of allowing commission(05) Will both PP and Defence advoctes will be allowed to have deposition by commission if at all allowed.I am told by local lawyers that he will face warrant if he does not appear. ???? Please guide. Thanks & Regards !
