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VENKS (S)     01 June 2012

Section 311 crpc

Hello everyone,

 

After prosecution witness 4 and 5 were given, the cross examination of these witnesses were taken as NIL by the judge as our advocate was not present at that time.

Later, we filed 311 and the order went in our favor, but those witness are not coming to the court for facing the cross exam and it's been told that they have gone abroad.

Is there a way to compel them to appear for cross exam and what all options does accused have in this regard?

 

Thanks in advance. 



Learning

 6 Replies

Deep Narayan (learning)     01 June 2012

U can ask court to issue warrant against them,if this happen they will be in court by them or police will take them to the court

Deep Narayan (learning)     01 June 2012

U can ask court to issue warrant against them,if this happen they will be in court by them or police will take them to the court

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     01 June 2012

If your 311 application is accepted then it is apparent that calling such witnesses is required in the ends of justice. Coercive steps can be taken against those witnesses. If they are incapacitated to come they can be examined on video conferencing or on commission. If there cross is not procured for whatever reason their testimony stands of no effect as it was never crossed. 

Advocate Bhartesh goyal (advocate)     01 June 2012

You have been given permission by court to cross examine prosecution witnesses and you are ready for that but due to non  comming of witnesses,  cross examination could not be done in  such a situation chief examination of witnesses would not be read as chief examination without craoss examination has no evidence and hence it would be treated as no examination.

VENKS (S)     01 June 2012

My sincere thanks to Mr. Deep, Mr. Bharat and Mr. Bhartesh.  The information provided is helpful.

N.K.Assumi (Advocate)     03 June 2012

The Court and the Police can even arrest recusant witness and take them into custody if the witness wilfully refused to appear before the Court after issuing summon by the court.


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