Reopening evidence and objections to it
Jeevan
(Querist) 21 October 2014
This query is : Resolved
What is the procedure of reopening the evidence if the evidence was closed by the court due to non-appearance of witness.
Also, can it be objected?
This is regard to a 498a case in which evidence was closed by the court since wife was not appearing even after multiple summons.
Thanks
Devajyoti Barman
(Expert) 22 October 2014
The aggrived aprty can apply for recalling of witness under relevant provision of Evidence Act/CPC. Another option is to go for revision in highesr court to get such opportunity.
Jeevan
(Querist) 22 October 2014
Thanks for the reply.
Here is the case. In 498a case, my x-wife and her family were not appearing for evidence even after multiple summons and warrants. Hence court dropped the evidence. After two hours of this, she appeared in court (maybe PP informed her of this development) and told judge that she was late and judge ask her to come in the next date.
This is kind of delaying technique. I like to know what she can do in the next date and what I can do to object it.
Devajyoti Barman
(Expert) 22 October 2014
You can object but she would be given opportunity to testify to fulfil rule of natural justice.
Jeevan
(Querist) 22 October 2014
I understand that part. We have no issues if she leads evidence in the next date. But she will again try to delay leading evidence asking for more time. How should I use this opportunity to force her in giving the evidence or pass her chance forever?
Thanks
V R SHROFF
(Expert) 22 October 2014
u hv to proceed nxt time.. no alt
court will not allow further request to delay, as aquittal is the only order!!!!!!!!!!!
Rajendra K Goyal
(Expert) 22 October 2014
You should inform the court regarding her delay tactics, if she adopts such ways.
Devajyoti Barman
(Expert) 22 October 2014
These are common tactics and can hardly be avoided till a certain point.
Devajyoti Barman
(Expert) 22 October 2014
These are common tactics and can hardly be avoided till a certain point.
Jeevan
(Querist) 22 October 2014
It's almost 7 years now and almost 3 years since charge framed.
T. Kalaiselvan, Advocate
(Expert) 23 October 2014
Now the time has ripened wherein your advocate can demand before the court to close her evidence owing to her intentional delaying tactics and proceed with further prosecution as the matter has been going on endlessly for seven years. It depend on how your advocate represents before the court on the next date of hearing on a similar circumstance.
H.M.Patnaik
(Expert) 23 October 2014
Very well adviced by Experts.
Jeevan
(Querist) 24 October 2014
Actually he did and judge now said next one is the last chance else he will close the evidence. However, my worry is that she will not appear in next date too and then will use woman factor to reopen or will go to high court.
What are my options? Quash petition or speedy trial in high court? Can I file quash at this stage after charges were framed?
Devajyoti Barman
(Expert) 25 October 2014
speedy trial is your option. Go for it in high court.
Jeevan
(Querist) 25 October 2014
There is one month before next date, will I be able to get order from high court?
Sarvesh Kumar Sharma Advocate
(Expert) 26 October 2014
almost 3 years since charge framed,
mean speedy trail direction from high court can be a option ,but first wait for the next date because witness has appear before the court and court given the date .
Sarvesh Kumar Sharma Advocate
(Expert) 26 October 2014
if witness not appear before the court on fix date then file an application regarding that and if the court don't take any step and yet you feel aggrieved take certify copy of that application and order sheet
[ from charge framing] then go to high court .
