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Optic Globe (Nothing)     08 September 2014

Indefinite adjournment of trial - what to do ?

11 out of 12 Charge Witnesses have been Chief Examined and Cross Examined as Prosecution Witnesses in a Criminal Trial. Prosecution Case has already been shown as a sea of contradictions and thus destroyed by the Defence. The said 11 Prosecution Witnesses were examined in three consecutive days, in the beginning of trial itself. The remaining one Prosecution Witness to be examined is the F.I.R. Witness. Trial has been adjourned for EIGHT DATES already, since November 2013, waiting for F.I.R. Witness. F.I.R. Witness is not available in his residential address known to the Prosecution and Court. F.I.R. Witness changed Residence to evade appearance in Court. F.I.R. Witness knows that if he is to face Cross Examination, it will become evident to Court that he filed a false F.I.R. Accused is appearing in Court again and again on all adjournment dates, wasting his time, effort and resources, for Trial of a baseless Case.

What could the Accused do in this Case, for closing Prosecution Evidence and speedy disposal of this Case ? 



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 1 Replies

Hardeep (Business)     08 September 2014

S. 64 , S. 65 and S. 69 of CrPC maybe used to serve summons.

If  so and witness still not found Court may declare him absconding . S. 172 of IPC then holds.

In your case if all efforts have failed, lawyer may request to declare the witness as absconding. In which case his evidence is not considered, AFAIK.

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

 

 


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