Cross examination of witness
alleged
(Querist) 18 November 2011
This query is : Resolved
Can a witness be cross examined by the complainant at presummoning stage, if he deposes against the facts of complaint ?
if a witness turns hostile at presummoning stage, will he be burdened to prove his statement at this stage ?
Shonee Kapoor
(Expert) 19 November 2011
NO, he can not be cross-examined.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 19 November 2011
The accused has no locus standi to even appear before the court issues process against him, let alone cross examining him.
He has no option but to wait till the court issues summons.
Guest
(Expert) 19 November 2011
Can you please give exact instance, where the witness has been compelled to face cross-examination or getting hostile at the pre-summoning stage?
Rajeev Kumar
(Expert) 19 November 2011
Query is vague so give fact
Guest
(Expert) 19 November 2011
Of course, the query seems to be just hypothetical. That is why I have raised my query earlier.
Biswanath Roy
(Expert) 19 November 2011
Your query is ambiguous. At the pre-summoning stage no witness can be examined. However, under special circumstances if the court orders for attendants of a witness he can be interrogated.
Sankaranarayanan
(Expert) 19 November 2011
yes i agreed with all experts suggestion
dev kapoor
(Expert) 20 November 2011
Rightly said that the question is ambiguous.If the accused has not been given any right to remain present at 'pre-summoning' stage i.e. before taking cognizance in a complaint, I wonder HOW he can Cross-examine complainant or his witnesses.There is NO such law.The Magistrate cannot even call the accused 'under special circumstances & permit him cross-examining the witnesses' during the process of building his mind whether to take cognizance or not.
May I request Sh.Biswanath to cite some judgment on this part of his opinion?That will be for consumption of all.
dev kapoor
(Expert) 21 November 2011
This is in addition:
Q:Can a witness be cross examined by the COMPLAINANT at presummoning stage, if he deposes against the facts of complaint ?
A:Perhaps the qureist means if the complainant examines a witness at PRE-COGNIZANCE stage but he does not support complainant's case,whether the COMPLAINANT, in that case,can CROSS-EXAMINE his own witness (like a hostile witness).On second thought I see no ambiguity.Rather the question is very intelligently put.I too request the Experts to review their opinions in view of the reformulated question & advice the querist.
Q:If a witness turns hostile at presummoning stage, will he be burdened to prove his statement at this stage ?
Ans: This part of the question is rather un-understandable.You you plz clear what do you mean by "...will be burdened to prove his statement at this stage?"
Arun Kumar Bhagat
(Expert) 02 December 2011
In pre-summoning stage if the witness turns hostile then entire case goes.
Advocate Bhartesh goyal
(Expert) 19 November 2011
