Deferring : cross-examination

salman merchant (Querist) 06 November 2014 This query is : Resolved
Respected,
The examination –in-chief of the complainant is finished, there are 4 accused in this case, now the cross-examination
of the complainant by Acc no.1 is the next step. My question is: –can the accused no.1 defer the cross-examination until
all the accused have finished the cross-examination of the said complaianant. IF YES- THEN UNDER WHAT PRETEXT AND HOW
IT COULD BE DONE.

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Devajyoti Barman (Expert) 07 November 2014
No. Once examination in chief is done, he has to be cross examined.

Rajendra K Goyal (Expert) 07 November 2014
Agree with the expert.

R.K Nanda (Expert) 07 November 2014
no, X cannot be deferred.

malipeddi jaggarao (Expert) 07 November 2014
Agreed with the experts.

Advocate Bhartesh goyal (Expert) 07 November 2014
once the chief ststement of complainant has
been started then cross examination by accused no 1 can not be deferred on pretext of completion of cross examination by other accused.

Dr J C Vashista (Expert) 08 November 2014
It is to be stage managed amongst the counsels for all the accused, otherwise cannot be deferred, I fully agree with the experts.

T. Kalaiselvan, Advocate (Expert) 10 November 2014
Though the cross examination cannot be deferred, once his chance is closed, the counsel for 1 st accused my by filing a petition under section 311 of cr.p.c. may recall the witness for cross examination if permitted by court.

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