Defense witness not appearing.
Ranganath
(Querist) 11 April 2013
This query is : Resolved
Ld Counsels,
Accused summoned a defense witness, witness evaded summons, Bailable warrant had been issued against the defense witness, police gives false excuses without executing the warrant.
What are the options here. Can the accused get a proclamation from Magistrate against the defense witness. Accused is being harassed.
Since police is unreliable court direction to execute the warrant may not be helpful.
Please advise. Thanks in advance.
Nadeem Qureshi
(Expert) 11 April 2013
First of all NBW may be issued at this situation
Devajyoti Barman
(Expert) 11 April 2013
Without having return of ER on issuance of NBW no proclamation would be ordered.
Ask police to give report fast.
Guest
(Expert) 11 April 2013
It becomes the duty of the accused to produce his own witness, if he is of some vital importance in his case. It is not understood, why you have not been able to produce your own witness to adduce evidence in your favour. Issue of warrants against your own witness can damage your own case.
I wonder to know, if the witness is not interested to give evidence in your favour, as avoding summons/ warrants, why you are so adament to bring him before the court of law, so that as an annoyed witness on account of warrant against him, he may spoil your own case?
Better try to contact him personally to know the exact reason for his avoidance to appear and give evidence in your favour.
Raj Kumar Makkad
(Expert) 11 April 2013
Even if such witness appears before the court under the pressure of NBW, he shall definitely depose against you so your basic purpose to bring him in the witness box shall frustrate and even may go against you so better to bring anyone under your own relationship.
Devajyoti Barman
(Expert) 11 April 2013
If witness turn hostile, the prosecution should avoid such witness.
Ranganath
(Querist) 12 April 2013
The defense witness is a senior police officer and he need to come and admit his reply given under RTI Act. He was subjected to departmental action for giving false information.
Guest
(Expert) 12 April 2013
Dear Ranganath,
Was not that possible to request the court to summon him as a court witness instead of your own defence witness for the purpose of verification about correctness of his document/reply?
Ranganath
(Querist) 12 April 2013
Dear Dhingra Sir,
Thanks for the reply. I think it is only under sec 311 CrPC alone a witness can be summoned and the same is done in this case also. However in Crl proceeding under CrPC there doesnt seem to be any provision to call a court witness, even if the witness is willfully avoiding summons the maximum that can be done is to proclaim him as a offender for disobeying the summons.
This police officer is being summoned only to show that accused is falsely implicated from his own reply under RTI act. In my opinion criminal court has very wide discretion and designating a witness as prosecution or defense witness are only matter of formality. Will there be any specific advantage in summoning as court witness?
Thanks in Advance
Guest
(Expert) 12 April 2013
You have not mentioned what are the views of your own lawyer and what he has to say on the issue.
However, the question is calling a witness by issue of NBW. Needless to mention, there is a marked difference in calling a defence witness through NBW and a court witness through NBW. If you call your own defence withness through NBW, possibility of spoiling of your case by your own witness cannot be overruled. On the other hand if he comes as a court witness, he is destined to give clear picture of the case to the court. Sec.311 empowers a court to call a material witness, but some party must have to convince the court the need to call him as a material witness of the court. Hope you can well understand this point.
Sudhir Kumar, Advocate
(Expert) 12 April 2013
if it is official reply then any subordinate who dealt with the reply can be summoned as witness
