final notice to the witness.

Querist : Anonymous (Querist) 15 June 2011 This query is : Resolved
Without issuing the final notice to the witness person we can't close the complainant side witness. It is applicable to defence side & prosecution side in any criminal cases in any STAGE. I repat I any STAGE STAGE STAGE STAGE?

Pls provide me the case law on the above mentioned & if the notice is not served than what will happen?

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PALNITKAR V.V. (Expert) 15 June 2011
There is no provision in Cr.P.C like final notice on the witness. A summons has to served on a witness at the first instance. If he remains absent despite service, a warrant can be issued. If the witness is not produced by police or if the witness is not found, it shall be in the discretion of the court to abandon that witness and proceed to examine other witnesses. If all the witnesses are exhausted, then the court proceeds to the next stage, which may be either u/s 313 crpc or arguments after defence evidence gets over. But if some of the material witnesses are yet to be examined, the case should not be closed.

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final notice to the witness.

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