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InnocentMan (Self Employeed)     10 December 2014

Cross examination of prosecution witnesses

Dear Friends,

I have few questions regarding cross examination of Prosecution Witnesses. I am Accused No. 1 in 498a case filed by my wife.
On 14 November 2014, JFMC has examined me u/s 239 CrPC. I have pleaded not guilty and claimed to be tried. JFMC has directed issue of summons to LW1 and posted the matter to 15 December 2014.
I would like to request magistrate that I would like to do cross examination of LW1, LW2 and LW3 on the same day.  Can I request magistrate to complete the deposition/chief of LW1, LW2 and LW3 so that I can proceed with the Cross Examination of LW1, LW2, LW3 on the same day.  If Magistrate does not accept, I would like to submit Case Laws/Citations. Are there any case laws or citations for this procedure.
Innocent Man


 4 Replies

Simran Kaur (Advocate/Legal Consultant @simrank211@gmail.com)     11 December 2014

You can never 'compel' the Magistrate for any of the above mentioned acts. However, you can only request, if at all, in the given circumstances. The law will take its course.


AS   11 December 2014

Agree to Simran Kaur

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     11 December 2014

Dear brother

it depends upon the whole sole discretion of the Court whether to allow you to do cross examination of the all the witnesses in the same day or not.

InnocentMan (Self Employeed)     12 December 2014

Thanks friends for your valuable time and suggestions.


My Wife has filed 498a case against me, my father, mother, brother and sister. We have filed Quash Petition in the High Court. And High court quashed against all of them.


Now the final report/Charge Sheet is pending only against me. So, The opposite Party are court birds having several cases pending in High Court, Supreme Court and District Court and Magistrate Courts. 


There is even one reportable judgment against them from supreme court. Even One reportable judgment them from High Court also. Even they are notorious by district court also for fraud litigation. 


What should be my grounds to request magistrate for cross of LW1, LW2 and LW3 on the same day after their deposition. I have the apprehension that if the cross examination questions are exposed during LW1 cross, LW2 and LW3 might take advantage of it.


So I want to avoid this. Please suggest.



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