Recalling of defence witness u/s 311 of cr. p. c.
Santosh S. Avhad
(Querist) 28 July 2012
This query is : Resolved
The complaint was filed u/sec 138 NI Act, examination chief of accused (DW - 1) was over and later on the cross closed but after making application 311 of Cr. p. c. the said application for recalling of witness granted. And the said matter kept for cross examination of accused (DW1). then the accused advocate always seeking adjournment as witness not present. Later on the accused present with advocate then matter kept for cross examination. but the Senior advocate of the complainant have matter in high court, then he leave the court with instruction to his junior that request with court that matter kept back. matter kept back. later on senior advocate informed to the junior advocate that he help in high court matter therefore just start the cross instead of simply adjourn the said matter. Therefore , the junior advocate start the cross and asking introducing question the pray for date for further cross examination of senior advocate then the court has reject his application and closed the cross examination of accused (DW - 1). can i made application u/sec. 311 of Cr. p. c. once again? any judgement/authority relating the above stated fact and for recalling of wintess for further cross examination.
Dr V. Nageswara Rao
(Expert) 29 July 2012
Are you an advocate? Sorry, the question is so confusing.
ajay sethi
(Expert) 29 July 2012
the complainant application for recalling accused witnessunder section 311 CR PC was granted . the complainant advocate requested the court that case be kept back . the request was granted by court . then you instructed the junior to do cross . you could have instead siought date for corss .
however once you started cross your advocate did not do any corss . hence court closed the matter of cross as it was a part heard matter . the court wont grant any further application for recalling witness as inspite of opportunity being given you did not conduct any cross .
