recall application by complainant


Can a complainant apply for recall, when he has failed to appear before court for 3years and after cross examination of Investigating officer has been done
 
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yes but there should be an proper reason behind his absence...
 
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can recall application be accepted after cross examination of formal witness ?
 
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Deputy Manager

The original querist Ramya, it looks that you have asked the query pertaining to a criminal case as The State vs. The accused, in which FIR might have been lodged on the basis of the information/complaint of the informant, who may be the victim himself or some witness. So, accordingly, the informant who is PW now, is not appearing before the trial court from the last three years. In that case the APP/AP who is handling the case of the State, is required to ask the trial court for issuance of first bailable warrant and then NBW (provided he is still alive) for his appearance to tender evidence.
 
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ha21@rediffmail.com Mumbai : 9820174108

Originally posted by : S. Sri Ramya
Can a complainant apply for recall, when he has failed to appear before court for 3years and after cross examination of Investigating officer has been done

 

1. YES.  Complainant can put up an application for recall of his presence /witness statement, BY taking proper NOC /permission from the Public Prosecutor (PP) of the case.

2. Based on above, the PP will move application to court for recall of witnesses /evidences /whatever.... This is irrespective of witnesses /evidences already on record, BUT before close for arguments.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 
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Cross Examination of the Investigating Officer.

Please elaborate.

 
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