Arun Agrawal (Business Consultant) 09 July 2013

Recording of evidence by witnesses

My query :

If the High Court has passed " no coercive action against the accused " orders in a paetion us/482 CrPC in criminal( state ) cases, can the trial court continue to record the evidence/statement of complainaint/witnesses even if the accused person or his counsel are not present in the Court for hearing/cross examination ?

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4 Replies

(Guest)

your query is confusing.Please be specific.What you intend to say by the the instruction given by the high court and what you want to ask.

If above not clear to you,state full facts for expressing any opinion.

N.K.Assumi (Advocate) 09 July 2013

Yes, as per your version, if the complainant/ witness are present in the court, the trial court can proceeds as per sub section (2) Clause (c) of section 309 CrPc.

Arun Agrawal (Business Consultant) 10 July 2013

No my query is what will the Court do if the complainaint/witnesses do not show up to record their statement despite repeated issue of warrants by the Court ? Can I approach the Court to close their evidence/ not give them any further opportunity to do so ?

(Guest)

In reference to you last post,as a matter of right,you cannot ask to ignore the evidences due to non-appearance of the witness/complainant.It solely depends upon the discretion of the court.