Recalling complainant/witness
Ramesh Tikamdas Bajaj
(Querist) 03 December 2012
This query is : Resolved
In a criminal case, which has commenced after 20 years, the complainant led his evidence. As my lawyer was not present, I requested that I be allowed to cross-examine the complainant/witness on another date so that my lawyer could be presesnt; the magistrate refused . I again asked that I be allowed to ask a few questions at least, which he refused.
I wish to know
1. Can I ask that the complainant/witness be recalled for cross
2. Is there any way so that I can bring the truth on record.
It is very important that I be allowed to cross-examine the complainant/witness.
Thanks.
Raj Kumar Makkad
(Expert) 03 December 2012
1. Yes.
2. This can be done only by either cross-examining the witnesses or by bringing evidence in defence.
The magistrate shall have to allow your application recalling the witnesses in the interest of justice.
