Split up case

Swetambara Purohit (Querist) 09 November 2011 This query is : Resolved
In a criminal trial 4 persons have been charged with certain offences,out of them for one of the accused non-bailable warrant was issued for his non appearence in the court.Then later when he was produced in the court his case was split up from the original case.At that point of time in the original case most of the evidences of the witnesses were over which were "know nothing" evidence.So my question is can the split up case accused file a NO PREJUDICE MEMO before the court for taking those evidence in his case??If yes then by which principle and if no then Why?

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Arvind Singh Chauhan (Expert) 09 November 2011
Thanks for the query, I am also eager to know the law or principle.

Shonee Kapoor (Expert) 09 November 2011
NO.

Because the witness examination-in-chief might have been limited to the accused present in the court.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Arun Kumar Bhagat (Expert) 10 November 2011
Sec. 317(2) Cr.P.C read with Sec.299 Cr.P.C.

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