Proper opportunity for cross-examination denied
salman merchant
(Querist) 07 June 2014
This query is : Resolved
case:500 ipc, i m accused appearing in-person( not represented by advocate) i cross-examined the complainant for few sessions, awaiting for the next date to cross-examine further, but all of sudden witness no.2 stepped in witness box; and his examination-in-chief was commenced, i could not understand at that moment, then on another date the witness no.2 again step-in, where i informed the presiding officer that cross-examination of the witnessno. 1 is yet not over, but the presiding officer/adv of complainant just passed off unheard, so on the further date i filed a application that i need to cross-examine the wit no.1 further more, but the presiding officer said that the cross-examination is concluded, upon which i argued that i had not express any intent to conclude the cross-examination, and i need to further cross-examination. but the same arguement continued that the cross-examination of witness no.1 is over. now as a laymen i continued to file application (one after another), but it fell on deaf ears. GUIDE ME FURTHER.
Devajyoti Barman
(Expert) 08 June 2014
File a Revisional application in sessions or high court challenging the last order of refusal of cross-examination.
Lawyer SALEEMA KABEER
(Expert) 08 June 2014
File application under section 311 Cr.P.C. to re-call the PW1 for further cross examination by stating the facts and circumstances which warranted to file the application.
If the said application is not favourably ordered, then you have to approach the appellate Court against the same.
ajay sethi
(Expert) 08 June 2014
agree with experts
Raj Kumar Makkad
(Expert) 08 June 2014
There is no occasion to differ with the wise opinion of the experts.
T. Kalaiselvan, Advocate
(Expert) 11 June 2014
Agreed with the perfect suggestion rendered by expert, learned Ms. Saleema Kabeer, you may follow her advise.
