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Ratnesh Vidyarthi (Engineer)     31 May 2015

How to call the all witness of the FIR case?

Dear Sir,

I am helping to one of a close  friend who is the Husband of this case,

For extracting money from Husband’s family a 498 A criminal case is lodge in Police Station in year 2006. The Case is under trail & examining to the witnesses.

In 2006, Investigating officer has lodge FIR and taken a written statement of SIX witnesses.

In that one is Husband’s relative. He is telling I have not given any statement in front of Police and he is ready to give the statement in favor of Husband family.

But the Wife, family does not want to call that one witness in court and in trail they appeal to court that we do not call him from my side.

What are the supporting Law and reference on which Husband’s family can call him ?

Expecting the favorable reply on it.

 



Learning

 5 Replies

N.K.Assumi (Advocate)     01 June 2015

If the other party does not call him as a witness being hostile to them, make him witness for the husband or Court witness.

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     01 June 2015

Dear Querrist

                         PLEASE DON'T MISTAKE ME FOR TYPING IN CAPITAL LETTERS. NORMALLY I WILL TYPE ONLY IN CAPITAL LETTERS FOR MY READING IT AGAIN. YOUR QUERRY IS THAT THE WINESS IS ON RECORD IN THIS CASE . IF THE WIFE'S SIDE OR THE COURT REFUSES TO CALL THAT WITNESS , THEN YOU FILE A PETITION IN THE SAME COURT TO CALL THAT PERSON FOR EXAMINATION BY THE ADVOCATE OF THE ACCUSED AS A DEFENCE OR COURT WITNESS. IF THE PUBLIC PROSECUTOR OBJECTS TO THIS THEN YOU REQUEST THE JUDGE EITHER TO ALLOW YOUR PETITION OR DISMISS THE SAME . IF HE DISMISSES YOUR PETITION  , THEN YOU CAN GET A COPY OF THAT ORDER AND FILE AN APPEAL IN THE HIGH COURT FOR A DIRECTION TO THE LOWER COURT TO CALL THAT WITNERSS FOR CROSS EXAMINATION . TILL THEN YOU CAN GET A STAY OF THE LOWER COURT PROCEEDINGS. BASED ON THE HIGH COURT ORDER THE LOWER COURT JUDGE WILL ISSUE SUMMONS TO YOUR WITNESS. YOU CROSS EXAMINE THAT WITNESS. PUBLIC PROSECUTOR AND THE COMPLAINT'S ADVOCATE WILL ALSO CROSS EXAMINE THAT WITNESS. DEFINITELY YOUR WITNESS WILL DENY HAVING GIVEN ANYTHING IN WRITING.THEN YOU REQUEST THE JUDGE TO SEND THAT LETTER GIVEN BY YOUR WITNESS FOR FORENSIC SCIENCES LABORATORY AT HYDERABAD FOR EXAMINATION BY HAND WRITING EXPERTS .THIS IS BECAUSE THE OTHER SIDE WILL NOW TELL THAT YOUR WITNESS IS TELLING A LIE. THE JUDGE SHOULD NOT CLASSIFY THAT WITNESS AS A HOSTILE WITNESS. IF THE JUDGE REFUSES TO SEND THAT FOR EXAMINATION BY HAND WRITTINF EXPERTS , THEN YOU AGAIN FILE A PETITION BEFORE THE SAME JUDGE EITHER TO ALLOW YOUE PETITION OR DISMISS IT . IF HE DISMISSES THE PETITION THEN AS I HAVE REFERRED ABOVE FILE A PETITION IN THE HIGH COURT. DEFINITELY THE HIGH COURT WILL ALLOW YOUR PETITION. THERE ARE SEVERAL JUDGEMENTS FOR THIS . YOUR ADVOCATE WILL KNOW THAT . IF THE JUDGE NEITHER ALLOWS OR DISMISSES YOUR PETITION BUT CONTINUES WITH THE CASE , EVEN THEN YOU CAN FILE A PETITION IN THE HIGH COURT FOR A DIRECTION  TO THE LOWER COURT. ONE THING YOU MUST DO AT EVERY STAGE IS YOUR ADVOCATE SHOULD APPLY FOR THE CERTIFIED COPIES OF ALL THE DOCUMENTS FILED IN THIS CASE IN THE COURT INCLUDING THE CHIEF EXAMINATION AND CROSS EXAMINATION OF THE COMPLAINANT BY THE PUBLIC PROSECUTOR AND YOUR ADVOCATE . EVEN THE PETITIONS FILED BY YOU IN THE  COURT BY YOURSELF , YOU GET A COURT CERTIFIED COPY . THE ACCUSED MUST BE GIVEN ALL THE OPPURTUNITIES TO DISPROVE HIS CASE . I CAN CITE ONE CASE FOR YOUR REFERRENCE . IN NOVEMBER 2014 ONE OF THE CALL TAXI OPERATORS OF UBER CALL TAXI WAS INVOLVED IN A RAPE CASE. THE LOWER COURT EXAMINATION AND CROSS EXAMINATION OF THE PROSECUTION WITNESSESS AND THE VICTIM WAS OVER . THEN THE ACCUSED FILED A PETITION IN THE LOWER COURT THAT HIS ADVOCATE DID NOT CONDUCT THE CASE PROPERLY AND HE HAS CHANGED THE ADVOCATE AND WANTED THE COURT TO RECALL ALL THE WITNESSESS INCLUDING THE VICTIM . WHEN HIS PETITION WAS DISMISSED BY THE LOWER COURT HE FILED AN APPEAL IN THE DELHI HIGH COURT . THE DELHI HIGH COURT ALLOWED HIS PETITION AND DIRECTED THE LOWER COURT TO RECALL THE WITNESSESS AND THE VICTIM FOR CROSS EXAMINATIONATION AGAIN -JOSEPH WILFRED - 01/06/2015 AT 21.16 HRS

T. Kalaiselvan, Advocate (Advocate)     09 June 2015

Mr. Joseph Wilfred has given a detailed and elaborate reply, hope this would suffice your query.

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     12 June 2015

Dear Mr. Kalaiselvan

                                      THANKS FOR YOUR COMPLIMENTS AND ENDORSING MY OPINION AS CORRECT FOR THIS CASE - JOSEPH WILFRED - 12/06/2015 AT 06.07 HRS.

T. Kalaiselvan, Advocate (Advocate)     21 June 2015

Dear Mr. Joseph Wilfred, you are welcome for your appreciations. 


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