498a & 406
Mustafa Bhat
(Querist) 11 April 2014
This query is : Resolved
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 alleged the beating has taken place & she was thrown out of her matrimonial house crime &these PWs are neighbor of accused & not relatives of compliant, they actual 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 doesn't summon these PW's as now only 2 r 3 hearings are only left for prosecution to summon rest of PWs and the lady & one of her friend is still to examined.which the prosecution will prefer to summon.
Plz advise
Devajyoti Barman
(Expert) 11 April 2014
You can summon those witnesses and ask for their evidence.
Mustafa Bhat
(Querist) 12 April 2014
Thanx Sir,
This Summon has to be within these 2 to 3 left over hearings or i can summon them even after that.
Mustafa Bhat
(Querist) 12 April 2014
Thanx Sir,
This Summon has to be within these 2 to 3 left over hearings or i can summon them even after that.
Mustafa Bhat
(Querist) 12 April 2014
Sudhir Sir,
there are 13 PW,out which two are from police,5 are relatives of the lady & the lady herself,rest 4 pws are my neighbors.these 4 pw's have said in their 161 that such incident of beating has never occurred nor they have misappropriated her belongs,and rest of 2 pws are witness of my Talaqnama,which i have given 6 months before FIR.
As the case is under trial from lost 3 years,some six months before the judge directed the prosecution to complete all the witness within 8 hearings,out of which 5 have already taken place,so only 3 hearing are left,the lady herself being pw1 & one her relative is still to be summoned.
I smelled & have high apprehension that the prosecution will not summon the 4 pws who happen to be my neighbors & 2 pws who are witness to my talqnama.
So in this regard my submission was if the prosecution doesn't summons these 6 pws what should i do as their factual statement are going to help me.
Rajendra K Goyal
(Expert) 12 April 2014
You can summon those witness in your defense.
Mustafa Bhat
(Querist) 12 April 2014
My query is for PW ? How they can be summoned as PWs & bot DW,
T. Kalaiselvan, Advocate 
(Expert) 13 April 2014
The prosecution will apply for dispensation of the said witnesses, your advocate can raise objection to that at that time or you can summon them as your side witness.
Mustafa Bhat
(Querist) 13 April 2014
Sir,
That means DW not PW.
Sudhir Kumar, Advocate
(Expert) 04 May 2014
sorry if prosecution applies to drop witnesses the prima-facie you cannot object but can apply for them to be DWs.
