231 application

Dear sir, I am facing trial 498a/ 304b/306, my lawyer has given an application u/s 231 for defer cross examination. Witness are blood relative ( father, mother, brother. ) but sessions judge rejected our application. My query is that in this matter high court will give relief us,if we will move. Please give your valuable suggestions.

How can anyone guess what will HC do?


Generally, HC does not interfere unless there is serious error of law. So chances of relief are very less.



Well, it's always up to the discretion of the court, and I assume that High Court may not have a remedy in your case.

In a 2005 Calcutta High Court case, it was held that an accused may not defer the cross-examination of prosecution witnesses without very good cause. An accused lacks the right to interfere in the manner/order of the examination of witnesses or any person who the prosecution examines.

Though just recently, upon a revision petition filed by the accused, in a Madras High Court case last year, the accused got to post-pone the cross-examination of one of the prosecution witnesses but that was allowed only because the prosecution had not produced the whole set of witnesses at the date of examination. Thus, the exception in this case was made only because the witnesses were cited to speak on the same facts.




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