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Chetan (Advocate)     02 April 2009

Sec 231 CrPC

sub -Sec. (2) of Sec. 231. provides that the cross of a witness is deferred with permission of judge till the cros examination of another witness.

Res Member, In my case I ( 138 NI Act) I want  to take the cross - examination of another witness by deferring the cross of complainant till the cross of another witness.

whether I can take the benefit of Sec. 231. if any citation pls. provide



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 5 Replies

N.K.Assumi (Advocate)     02 April 2009

That is judge discretion, but discretion should be in the interest of justice and your prayer should be allowed. Refer: AIR 1960 Bom 150: AIR 1921 Cal 1. AIR 1920 Pat 351. If your prayer for postponment of crosss examination is reasonable one under the circumstances, the judge should allow cross-examination to be reserved.Till examination of all witnesses.

Swami Sadashiva Brahmendra Sar (Nil)     02 April 2009

agree with mr. assumi

A.Mohamed Thaheer (ADVOCATE)     02 April 2009

I agree with Mr. Assumi

Ashey   03 April 2009

Thanks for the information Mr.Assumi

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     03 April 2009

The section 231 is applicable for sessions trial only.


You can application u/s 311 and press for its relevance. In interest of justice Court has to order recall for croos any witness.


 


 


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