cpc

maintainability of applications not forwaeded by app


facts as below
FIR in 2012 Charge sheet in same year Trail in way ..
Out of total 12 PWs 11 are done remaining one was suppose to be given up by APP with closing of Prosecution witness but On Last day when 11th PW's cross was done complainant counsel moved Application under crpc 311 to call more new 6 PWs and same was not supported by APP for state.
Order of the particular day says something like """" At this stage, Ld. Counsel for the complainant moved an application under
Section 311 Cr.P.C. The application is not duly forwarded by Ld. APP for the
State. Copy given. Now to come up on >>>> for filing the reply as well as
consideration over the same. The case is also adjourned for remaining PWs at own
responsibility. ""

My Question is as Application is not duly forwarded by APP for state is it maintainable can we argue taking this as ground?

 
Reply   
 
PRIVATE PRACTICE

It is not necessary to forward the application by APP . Complainant should supply true copy to APP for giving him knowledge.

 
Reply   
 


PRIVATE PRACTICE

It is not necessary to forward the application by APP . Complainant should supply true copy to APP for giving him knowledge.

 
Reply   
 

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