Whether witness need be present while filing Complaint undr Section 190 of CrPC before the magistrate or an affidavit is enough?
At what stage is the witness required in filing such a complaint
ashok kumar (Social Worker) 09 January 2013
Whether witness need be present while filing Complaint undr Section 190 of CrPC before the magistrate or an affidavit is enough?
At what stage is the witness required in filing such a complaint
adv. rajeev ( rajoo ) (practicing advocate) 09 January 2013
Wittness presence is not necessary, but complainant's presence is necessary
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 09 January 2013
1. For filing - NO
2. for First hearing - yes he has to be examined on oath in order for the magistrate to decide whether to issue process or not
ashok kumar (Social Worker) 09 January 2013
Thanks Bharatji
Need Supreme Court’s Case laws in matter of Section 311 CrPC, wherein due to non appearance of the advocate the PW were examined in absentia of the accused or his representative, and the cross examination was closed by the trial court but the SC has allowed the recall of witness and held that it is necessary in the interest of Justice to permit recall & Cross Examination of PW
Pl oblige
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