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498a victim please advice (o)     18 January 2018

498a trial started, urgent requesting for help, dowry dp act

sir Trial started in orissa, please help I am accused of 498a, 406, 323, RW 34 , 4 DP act. , as we wasn't prepare for cross question and wife came during cross question dates, but my defence advocate was not able to ask relevant question from wife Nor with father in law. No proper cross done by defence advocate. I think my defence advocate got mingle with opposite party. After giving cross immediately wife submitted the evidences docuements which are against me. But there are lot of tampering done with her evidences done by her. I believe evidences are not genuine. Now I remove the current defence advocate and looking for new defence advocate. my query : 1) Please tell Is evidences stage from wife's end over. ? 2) Please tell If evidence stage of documents submition done by wife then Are there any other stage where wife will come to court where we can do further cross on evidences as the evidence documents are forged/tampered. 3) Please tell if crpc 311 will can be accepted by judge to recall them? what grounds should accused pray in 311 crpc so that crpc 311 will be accepted by judge.? 4) Any other suggestion please


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 6 Replies

Adv. SIddharth Jain (Advocate )     18 January 2018

your best chance is to get the 311 allowed. the grounds should not be mere change of counsel. all the reasons should be rational circling around the fact that the said recall is imperative as the trial is for the accused and all provisions of fair trail involves fair opportunities to both the sides to present their case.
for further queries feel free to contact me at 7709690578

Siddharth jain
Advocate

498a victim please advice (o)     01 February 2018

suppose the petition got accepted at trial court for crpc 311 to recall wife and father in law. after having complete cross of them . later can I Again file another CRPC 311 application to call new witness whose name was not listed in the chargesheet by Police. Or should I file the currently one CRPC 311 application to recall wife , father inlaw , new witness. which is the good option please suggest

498a victim please advice (o)     21 February 2019

thankyou sir for your guidance. I am very disturbed and don't know what to do

giri raj (other)     02 April 2020

Originally posted by : 498a victim please advice
suppose the petition got accepted at trial court for crpc 311 to recall wife and father in law. after having complete cross of them .
later can I Again file another CRPC 311 application to call new witness whose name was not listed in the chargesheet by Police. Or should I file the currently one CRPC 311 application to recall wife , father inlaw , new witness. which is the good option please suggest

giri raj (other)     02 April 2020

Please suggest for above

Siddharth Srivastava (Advocate)     04 April 2020

If judge has ordered her cross as complete then You can recally your wife for further cross examination by sighting the reason. You are required to take few steps before moving application for recalling her for cross examination. 


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