Notice to a witness
rishabh
(Querist) 12 September 2014
This query is : Resolved
I have filed a complaint u/s 200 CRPC. I have filed a list fo witnesses alongwith.It is posted for my evidence.
After recording of my evidence, I wish to examine other witnesses as cited in the list.
But the problem is, that all the witnesses are out of my control and I need help of court to call them vide summons to witness.
What should I do before making a request before Magistrate, for issuance of summons to witnesses u/s 200 CRPC?
Is it mandatory to give an advance notice to the witnesses cited, before making a request before court, to issue summons?
ROHIT SHARMA
(Expert) 12 September 2014
Dear Mr. Rishabh,
1. The complaint is made u/s 200 Cr.P.C.
2. The court has yet to take cognizance of the same.
3. If the court takes cognizance of the complaint he has option either to invoke s. 156(3) of Cr.p.C. directing the police to lodge an F.I.R. and also if the court deems it fit then he can issue process u/s 204 Cr.p.C. and summon the accused.
4. For to summon the witlessness named by you can make a motion before the court to issue summons to such witnesses when your turn to give your examination in chief commences.
Devajyoti Barman
(Expert) 12 September 2014
You can apply for issuance of summons to call them for their testification.
Before that do confirm whether process has been issued against the accused person or not.
Rajendra K Goyal
(Expert) 12 September 2014
Well advised, agree with the expert.
rishabh
(Querist) 13 September 2014
The query is not properly understood.
The point is that, if I wish to examine some witnesses under section 200 CRPC at pre summoning stage and if they are out of my control then how to compell those witnesses to give their testimony under section 200 CRPC?
And whether it is necessary to give advance notice to witnesses before taking any further step ?
Advocate. Arunagiri
(Expert) 13 September 2014
You can pray the court to conduct enquiry u/s 202 cr.p.c. The court can summon the witnesses under this stage.
If the witnesses are under your control, you can take them to the court. If they are not under your control or reach, take the help of the court, send summons.
rishabh
(Querist) 13 September 2014
the query still remains unresolved.
Whether, it is necessary to send advance notices to witnesses before taking steps to issue summons against them?
Advocate. Arunagiri
(Expert) 13 September 2014
What do you mean by advance notice, in your view who will send this advance notice?
