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Ashok (Software engg)     04 December 2015

Cross examination before 498a trail start

Hi Team,

My case is in stage of framing charges.

I am going to file discharge application under 227,239.

But i m feeling like to add application under 200 crpc

https://criminallawyersindia.wordpress.com/2013/05/11/section-200-of-cr-p-c-examination-of-complainant/

Can i add Cross examination application at this stage?

 

Thanks,

Ashok

 



Learning

 4 Replies

adv.raghavan (Advocate,9444674980)     06 December 2015

Not at this stage. later on. Petition will be dismissed by all means. 

Shreshta@ JA Beno AOR supreme (AOR supreme court of india )     07 December 2015

you have already filed a discharge petition U/S 227 Crpc this being the case if any intermediate application for examination of complaint will lead to0 dismiss so you are advised not to proceed U/S 200 Pending adjudication of sec 227 petition.

B.N.Raja Mohamed (ADVOCATE)     08 December 2015

Sir,

Cross examination is possible only after the trial commences and the witnesses are examined in chief. In private complaints first you have to file the complaint and a sworn statement will be recorded.Only after this procedure the case will be taken on file and the magistrate will take cognizance of the case.After this procedure summons willl be served to the accused and after their appearance the charge will be framed and the case will be put to trial.So, now you cannot cross examine the witnesses.Please consult a good trial lawyer and conduct the case.Trial of private complaints is not an easy job.You may have to loose tehe case because of poor legal advice.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 January 2016

Dear Ashok

Section 200 of Cr.P.C.is related to examination of Complainant and not the cross examination of complainant  by the accused.

u/s 200 of Cr.P.C. the court is duty bound to examine the complainant but it will be in the private complaint.

hence concentrate on your discharge application.


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