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Sandeep Shukla (Teacher)     20 November 2015

Closing and opening of evidence

1. Im a summons case a complainant did not arrive in court inspite of numerous summons so the judge then proceeded to summon the witness who is next in line in the charge sheet. Then can it be said that the complainants evidence has been closed?


2. Now if this judge is transferred and another judge takes his place then can the new judge instead of proceeding with the next witness in line in charge sheet, start once again to send summons to call the aforesaid complainant who has already wasted a lot of courts time by not appearing earlier?


 3 Replies

Laxmi Kant Joshi (Advocate )     20 November 2015

If a witness even after giving numerous chances didn't attend the court proceeding then the court will close his evidences and proceed to next witnesses . 2. The .new judge can give him a chance if he think his evidence is important for the case.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     21 November 2015

The new jusge is supposed to start the proceedings from the point that the last judge had gotten transferred at . It has been clearly mentioned that way as per law . Complainant evidence shall be closed when all the witnesses have been examined

T. Kalaiselvan, Advocate (Advocate)     26 November 2015

The new judge will commence trial from the place where it was discontnued.

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