498a & 406
Mustafa Bhat
(Querist) 10 April 2014
This query is : Resolved
Respected Experts,
On 07-04-2014 I had hearing of 498A &406 case.On previous date prosecution was directed to get the compliant on next date that was on 07-04-2014,but the father of complaint came & submitted that she is out of station due to official work & was not available.B4 this is was also called no of times but she didn't turned.The Judge took i feel lenient approach towards the compliant.The lady was even on 07-04-2014 available in Town,but i don't have a proof.
And when other PW came his father shouted & said he in not our Witness & said i want to cross examine him through his counsel.But later judge said to the PW that the Statement give by him U/S 161 are his.The PW replied Yes, then when he was to be crossed by my counsel the judge stopped only after 1 question,even though he said the lady was never beaten & then judge closed his witness didn't allowed him to be cross examined by my counsel & he is my (accused) close neighbor.
I didnot understand why judge took such stand
Devajyoti Barman
(Expert) 10 April 2014
You can recall the witness to cross-examine on such points which were left. It is permissible.
Mustafa Bhat
(Querist) 11 April 2014
Sir,
Any citation please.
One more Point sir,almost ten hearing have taken place from the date of Start of trail & 4 PW has been Deposed till date,the lady being the PW1 didn't came till date the rest PW who deposed her statement are Her father,2 Uncle & ;lost my neighbor.I don't know why she is delaying even though there is clear cut Instruction from Judge to Prosecution to close PWs with 8 hearings some two months back & 3 have already taken place.Moreover 3 more PWs are my neighbors and they will repeat same that nothing such sought of incident like beating or dowry demand has taken place, as they have also said same in 161.
So wht will the judge say abt this will his response be same as with PW examined on 07-04.
IN addition `to that 2 more PW are friends of compliant which will repeat that grab again.
Can the counsel & PO cross exam my neighbor again,That is what is being demanded by the Compliant.
Advise please.
Dr J C Vashista
(Expert) 11 April 2014
Anonymous query in the name of "victim"?
Incomplete information
Devajyoti Barman
(Expert) 11 April 2014
Disclose your identity.
You are already advised. Citations are not supplied here. Talk to you lawyer.
Rajendra K Goyal
(Expert) 11 April 2014
Citation is not provided, ask your counsel. About cross you can recall the witness.
Mustafa Bhat
(Querist) 11 April 2014
I have high apprehension that the the prosecution will not summon those PW's which will say the truth as they are the actual residents of the place were the compliant has said the crime has occurred & they know that nothing like that has occurred which they have also said in there 161 Statement.
As that is going to favour me,So what should I do if the Prosecution doen't summon these PW's.
Plz advise
T. Kalaiselvan, Advocate 
(Expert) 12 April 2014
Your query is bereft of details for proper opinion,please furnish proper details.
