Civil Procedure Code (CPC)

Calling opposite side witness for cross examination or depos


Sirs,

Parveen had filed a complaint under Cr.PC 156(3). Judge ordered FIR to be lodged under IPC 323 and 506.FIR was lodged . Police filed AKHRAJ report/cancellation report.Judge rejected cancellation report ,as it was not agreed by victim.SDJM added 341 also to other two 323,506.

There are no direct witnesses who could depose in favour of victim. Accused is a muscleman of the coloniser . Only indirectly case has to be proved against him . Mr Parveen wants to call three witnesses to court. These witnesses will not come on his request. Names of these residents of same colony have been given to court while appearing in court when police was filing cancellation report. 

How can these witnesses be forced to come to court ?

Who will issue directions to these residents who can prove the case against the accused. 

Is Mr Parveen the victim required to request SDJM to call these witnesses in writing  ,Kindly give out the procedure. 

Thanking you.

BS Rangi

 
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Advocate & Solicitor at Law

File an application u/s 311 of the Crpc. The court shall then be duty bound to summon those witnesses and ask them to depose. However their testimony shall be contingent upon their own will and cannot be controlled by the court.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

 
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Sir,surely such witnesses can be cross questioned to establish or bring out certain facts neccessary to establish the truth,which will help in winning the case.

 

 
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