Upgrad LLM

cross-examination in the absence of complainant-in-person


In the matter of Domestice violence .. Act 2005 the complainant wife is appearing in person before trial court. The case was registered in 2008 and still it is pending. Initially it was presented by Legal Expert (Lawer). For one or other reasons complainant wife (she is not advocate) is presenting her case before Trial court. There is FIR Case which goes hand in hand simulteneously with Domestic violence case before the same Magistrate. She is attending regularly as she is going to observe and get updates of FIR case. Magistrate is in practice of giving lavish adjournment on other side's applications.

One day, the Complainant could not attend the Trial court hence she sent her parents to inform to the Magistrate and also to get updates of FIR Case. But Magistrate forced subject her parents to Cross-Examination in DVA Case when she was not present.

Does such forceful recording of Cross-Examniation of witness Parents of the Complainant is valid and serve any purpose of fair trial when no one was present on behalf of her or herself?

 
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it is not bad in law.

REGARDS,

DEBISREEADHIKARY HAZRA

 
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you can do one thing, after obtaining certified copy of the cross-examination , if any question appears to be objectionable or bad , can take step.

 

REGARDS,

DEBISREE ADHIKARY HAZRA

 
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Originally posted by : DEBISREE ADHIKARY HAZRA
it is not bad in law.

REGARDS,

DEBISREEADHIKARY HAZRA
 

Though it may not be bad in law as general case but it happened specifically when : At earlier instance when the Complainant objected her Cross-Examination recorded., it was objected for the reasons that it is not recorded at it took place. She was not assisted by her Lawyer as he was not present that day. The cross was not read out to her and not counter signed by her. During such termoil the magistrate got transfered/ changed. The succesor Magistrate allowed re-examination of the Complainant. This order was challenged in High Court in 2013 and still pending as Admited Matter. Again this Magistrate is also transfered now. 

In such situated how again new successor magistrate can record cross-examination of witness in the absence of the complainant?

 

 
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