Witness not coming for cross questioning. next step?
ab
(Querist) 20 May 2014
This query is : Resolved
Respected lawyers,
A lady (Neighbor) filed a false case u/s 354/509 in early 2013 near to Delhi gangrape Sad incidence. They have been demanding property expansion over our house since 2007 to which we have been resisting.
Case is in Prosecution evidence stage. The lady came once for partial cross questioning in December 2013 where she gave statements different to police statement in a confused manner. She was answering yes and no for many questions which has been recorded.
They threaten us outside the court to settle the case while in front of honorable judge they say that we are threatening them to settle the case. I am fighting case with 100% honesty and attendance. But now the lady is not coming to court for cross questioning since last three court dates despite being bound to come. They just want to delay proceedings and make it a long case.
What should be my next course of action? Can I apply for discharge application? I have some police complaints against the lady and family before case registration to prove that FIR is motivated and filed for property expansion.
Need Quality advice. My MBA studies and career have suffered a lot.
Thanks
Dr J C Vashista
(Expert) 21 May 2014
Anonymous query.
Prima facie it is a professional query otherwise contact your lawyer who is well conversant with the facts of the case.
V R SHROFF
(Expert) 21 May 2014
Agreed with Dr. Vashista
Sankaranarayanan
(Expert) 21 May 2014
I do agree with Dr vashista. Ji. Your lawyer knows well. So ask all with him.
ajay sethi
(Expert) 21 May 2014
if complainant has not been coming to court for cross examination inspite of innumerable dates draw attention of court to said effect . court will grant her last chance to appear in court for cross on payment of costs
Rajendra K Goyal
(Expert) 21 May 2014
Draw the attention of the court about her absence, court would take steps as per law.
Any quality advise can only be given after going through whole case papers which should be weighing aprox. one Kg.
You should consult local lawyer and show him all the papers.
BAALASUBRAMANNYAMM
(Expert) 21 May 2014
Agreed with Mr. Ajay Sethi. Made a representation before the court, on the date of next adjournment through your advocate about the continuous absence of the witness for cross examination. The court will take steps properly.
T. Kalaiselvan, Advocate
(Expert) 21 May 2014
You cannot apply for discharge at this stage. As advised by other experts, you have to put pressure before the court through your lawyer bringing the attention of the court to her irresponsible attitude and seek court's advise on the matter.
