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Pinky   23 August 2024

Can cross examination be quashed by complainant.

  1. The cheif and cross examination of the complainant of the criminal case was conducted same day .

2. complainant was not given any copy to read her content in cheif and to sign on it.

3. after getting Certified copy complainant found her cheif was not recorded properly and so on cross.

example :

during cheif when complainant said ' " day"

it was recorded "night"

complainant said "mother in law "

what was recorded " daughter in law"

 

what is a remedy available with the complainant. ?

how chief examination can be quashed ?

or 311 crpc?

if 311 crpc is moved

then what will be the position of earlier chief examination? it will be declared void or again to be quashed?

 

 

 

 

 



Learning

 7 Replies

Dr. J C Vashista (Advocate )     23 August 2024

Move application u/s 311 CrPC

1 Like

Pinky (Housewife)     23 August 2024

And what will happen to earlier cheif? 

Advocate Bhartesh goyal (advocate)     23 August 2024

You should have read the chief and cross examination  before putting  signature ,it is your mistake now nothing can be done in this regard, at the time of final arguments  you may draw attention of court towards such incorrect recorded statement.

Pinky (Housewife)     23 August 2024

Please read the question at first. No copy was given , and no signature was taken.  

Dr. J C Vashista (Advocate )     24 August 2024

Court shall not provide any copy without being applied and affixed with requisite court fees stamp as per High Court Rules.

Did you apply for "uncertified" copy of your statement on the day of your cross-examination ? If so, what is order passed by the Court ? If not applied, seek "certified" copy of desired statement(s) / document(s) through your counsel. 

It is impossible and unbelievable that the Court shall allow witness to move out of Court untill s/he signs her / his statement while in the court-room itself. Recheck. 

1 Like

Pinky (Housewife)     24 August 2024

Do court gives certified copy of cheif before it is crossed? 

Cheif and cross is conducted on same day

Within what time to make certified application to get cheif copy ?? 

Certified department is not inside  the courtroom. 


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