prakashsingh 23 September 2015

Exemption from witness

Dear experts..

Please explain how to get a witness permanently exempted from my case.

There is a witness who could not be present on last two dates due to medical reasons and NBW has been issued against him.. and for the same reason he would never be able to attend the dates in future also.

So, is there any procedure in which I can move some application to give up that witness forever. Bcoz, i wish it is not mandatory to present all the witnesses listed.

Thanks
Prakash

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5 Replies

Sudhir Kumar, Advocate (Advocate) 25 September 2015

what is the case? who are you in the case? what is role of this witness? why he is not coming? what happened to NBW?

prakashsingh 28 September 2015

Sir.. this is 498 case registered by my sister against her inlaws and the witness is my mother. She could not attend many dates due to medical reasons. NBW notice has been served and police has also given us an ultimatum to be present on next date.

Thanks

Sudhir Kumar, Advocate (Advocate) 28 September 2015

Now you have said "Sir.. this is 498 case registered by my sister against her inlaws and the witness is my mother. She could not attend many dates due to medical reasons. NBW notice has been served and police has also given us an ultimatum to be present on next date." WHAT PREVENTED YOU FROM GIVING THESE FACTS. IF THE ADVISE IS FREE DOES THIS MEAN THAT HIDE AND SEEK WILL BE PLAYED WITH THE EXPERTS?

Sudhir Kumar, Advocate (Advocate) 28 September 2015

So you have prevailed upon police to not to take her to court in custody. Let her be present there face the cross-examination and get the NBW dropped.

Sudhir Kumar, Advocate (Advocate) 28 September 2015

This is another method to harass girl's family who lodge 498a complaint and preached to boy's family. You appear to have created fertile ground for this harassment.