Proceeding u/s 125 Cr.P.C.

Jainodin shaikh (Querist) 20 January 2009 This query is : Resolved
In a proceeding u/s 125 of Cr.P.C. stage is for defence evidence. Non applicant filed his affidavit. It his affidavit some important points and point related with documents filed by the non applicant are not mentioned by mistake of his council. But those point are very impportant for the defence of the non applicant. QUESTION: Is it possible for the non applicant to be called or recalled himself as a witness? Is there any case law?

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Aniruddha.P.Pawse (Expert) 20 January 2009
Only with court's permission.

Adv.Shine Thomas (Expert) 21 January 2009
U/s 311 CrPC the court can examine any person as a witness.(State of Gujarat Vs Rajubhai Dhamibhai Bariya)

A. A. JOSE (Expert) 21 January 2009
Shine's viewpoint is abosolutely right.

K.C.Suresh (Expert) 22 January 2009
Any person can be exd.

Somnath mukherjee (Expert) 22 January 2009
YOU HAVE TO FILE A PETITION BEFORE THE COURT IN WHICH YOU HAVE TO CLARIFY THE REASON OF RECALL. IF THE COURT SATISFIED THE CAN GIVE YOU THE PERMISSION

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