Pre summoning evidence in criminal case
Mentally Depressed
(Querist) 11 January 2013
This query is : Resolved
Sir
I have fled the criminal complaint before M.M u/s 190 read with section 200 of CrPC. The ld judge asked me that I have not attached the list of witness attached and gave me liberty to move another application for list of witnesses and directed that pre summoning evidence be done
1 Under which section of CrPC I can move application for witnesses??
2 Whether I can tender evidence by the way of affidavit along with documents attached for pre summoning evidence
3I have seen the evidence by way of affidavit is most frequently filed in N.I Act whether the same is also applicable in IPC for pre summoning evidence??
R Trivedi
(Expert) 12 January 2013
POintwise reply.
1. Under 204 (2) of CrPC.
2. This may be permitted by the court.
3. There is difference between other IPC cases and cases under special statue called NI Act. In other cases the evidence must be produced in presence of accused side, so even if court allows pre-summoning evidence in the form of affidavit, the examination in chief must be carried out in presence of accused, otherwise it won't be read. In the case of NI matters, pre-summoning evidence in the form of affidavit itself is treated as examination in chief and no further examination chief is required or allowed in the presence of accused.
Sudhir Kumar, Advocate
(Expert) 13 April 2013
if you identify your identity as "Mentally depressed" then no amount of advise can bail you out.
