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Sreenivas   16 September 2024

Can an unlisted witness (prosecution) be accepted in a trail

In a criminal trail, a CFSL officer is suddenly proposed by prosecution without prior intimation to defence lawyer. It was objected by the defence but judge kept aside the objection. The witness was present and deposed his witness. The judge has not given even a day's adjournment for cross examination and defence couldn't complete. Is it just and fair and stands for legal scrutiny?

 



Quick Summary
This discussion explores the fairness of accepting an unlisted prosecution witness in a criminal trial without prior notice to the defence. It questions whether a judge's decision to allow such a witness and limit cross-examination time is legally sound. The content suggests challenging such decisions through revision petitions to the High Court or recall petitions at the trial court level, especially if the witness was not on the original chargesheet list.

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     16 September 2024

You can file a revision petition before High court to set aside the trial court orders for not giving sufficient time for cross examination of the prosecution witness and a stay order to stall further proceedings by the trial court until then.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     17 September 2024

If a legal notice does not specify that non-compliance may lead to legal action, it's important to note that the sender may still take legal action if you don't comply ¹. However, if the sender takes no action after receiving compliance, it could imply that the demands or claims made in the legal notice lacked legal foundation ¹. In this case, you may be able to argue that the legal notice was intended to pressure or harass you into complying with inflated demands without any genuine legal follow-up ¹. If you feel like you're being harassed, you may be able to file for harassment, but it's best to consult a lawyer to explore your options ¹. It's also important to keep in mind that ignorance of the law is not a valid defense, so it's crucial to seek legal advice to understand your rights and obligations ¹. Additionally, if you're unsure about the validity of the legal notice or the intentions of the sender, it's best to err on the side of caution and seek legal advice to protect your interests ¹.

The Perfect Solutions (Advocate)     22 October 2024

Under section 193(9) of BNSS which was earlier section 173(8) Cr.P.C allows further investigation by the police after the investigating officer files a petition to investigate further and produce witnesses. However, the court may allow or dismiss the petitiobn, but, if the Prosecution examines a witness who is not found in the list of witnesses of the Chargesheet, the court cannot allow. This has to be challenged.

adv.raghavan (Advocate,9444674980)     24 October 2024

file a recall petition before the trial court and on negative order move to the high court and escalate the same. 


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