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karthik (advocate)     20 September 2012

List of witnesses

dear members,

In a 138 case,the cross of pw1 is over.The accused takes the defence that legal notice was not served on him.The complaint did not contain the details of list of witness not it states that pw1 is the sole witness.Now the complainant want to examine the postman.Can this be allowed?Whether the complaint is in violation of S.204(2) of crpc?Can this be curable?I appeared for the accused and i object to examine the postman.Is there any citation in favour for me to discharge the accused and dismiss the complaint?kindly give your valuable thoughts.......



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 2 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     20 September 2012

The list of witness anomoly was good cause for revision not in same court.

The court can allow additional witness but you will have opportunity to cross and demolish the credibility of the witness.

v.lakshminarayanan (prop)     30 September 2012

dear members

was the complaint properly addressed and sent by RP AD? was the ack card produced in court? if so, it would be sufficient proof of service.  

 

thanks

yours

v.lakshminarayanan

palani


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