withdrawal of witness

No complainant cannot file an application, because it is state case, public prosecutorwill decide to lead the evidence of the wittness, if it is important witness to him then he will call that wittness thru., court procedure, I mean by issuing NBW etc.,

Srivastava Ji

First you should decide the pros and cons of producing the witness. if the non production of witness is in your favour then you should not compel to production of witness. If producing witness is in your favour then you should compel the court through court procedures to produce the witness.

All this should be decided in respect of defence material you are having.

Any how if the prosecution does not want to produce the evidence then Prosecution evidence will close. u/s 244.

I faced the similiar problem. The complainant filed the false case and just to give weight to the complaint he mentioned 5 witnesses and medical report. Due to circumstantial evidence the said case was not possible. later on prosecution gave in wiriting that he does not want produce any witness so statement of prosecution was recorded and evidence was closed.

Non production of evidence is always in defence favour.

Written In the intt of justice

Concurred with Adv.Rajeev.Criminal machinery lies in the hands of the State with prosecutors representing the State. It is the prerogative rights of the prosecutor to make choice of its witnesses.

Thanks you friends!

No doubt its state case hence prosecution will decide what evidence to produce and what not... suppose prosecution decides not to produce a particular witness listed in list of witnesses submitted by the prosecution than under which section of Cr.P.C. such application can be given like in case of hostile witness.... fate of application is not the issue...

though in my matter i simply filed the application for the complainant and public prosecutor endorsed his no objection and court allowed it.

regards

Functions of prosecution is not to convict the accused by hook or by crook but to lay all the material evidence before the court to do justice in the case, and in doing so he assist the Court as Officer of the Temple of Justice. It is his prerogative right to make a choice of his material witness.Refer to section 231 CrPC for details.