319 Cr.P.C.

Querist : Anonymous (Querist) 03 March 2011 This query is : Resolved
Wheather an application u/s 319 Cr.P.C. can be allowed withiut cross-examination of any witness.

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Arvind Singh Chauhan (Expert) 03 March 2011
Yes can be. If court think fit it may summon to any one after examination in chief.

Kiran Kumar (Expert) 09 March 2011
well this question has been disputed one....you will find certain judgments where the high court or SC would say the trial court can apply its mind only after cross examination but a few judgments say there is no need for cross examination to allow an application under S.319 Cr.P.C

the matter came up for consideration before the Hon'ble SC and the issue has been referred to a Larger Bench and the decision on the same is still pending.

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