Role of io in 498a trial
Never Give Up
(Querist) 12 January 2013
This query is : Resolved
Hello Experts,
In my 498A trial, all witnesses cross is over, most probably next is IO's turn.
Could you please let me know what is role of IO in the trial ? As i understand IO came to know about all the crime by complainant and other witnesses. IO has not seen anything or heard anything personally.
In that case what kind of questions would be asked to IO ?
Is the procedure same for IO as well that first public prosecutor examines him and then accused lawyer cross examines him ??
I sincerely appreciate your effort spent on answering this query.
Thank you.
Devajyoti Barman
(Expert) 12 January 2013
The IO would depose only on the aspect of investigation, on the point of lodging complaint and recovery of articles if any u/s 406 IPC.
Nadeem Qureshi
(Expert) 12 January 2013
Dear Querist
IO has only right to investigate the matter, in trial no role of IO, IO come only as witness in trial. nothing more
Never Give Up
(Querist) 12 January 2013
Thank you Devajyotiji and Nadeemji.
One more question,
Can IO be crossed by advocate of accuse or he just deposes to public prosecutor ?
Can other witnesses whose cross is already completed be recall after IO's deposition ?
Thank you
Adv. Hemant Bhand
(Expert) 12 January 2013
1. Accused lawyer has full right to cross exmaine the IO.
2. Yes.
V R SHROFF
(Expert) 13 January 2013
IO can be crossed by advocate of accuse.?
Can other witnesses whose cross is already completed be recall after IO's deposition ?
YES, WITH LEAVE OF COURT WITH REASONS THAT JUSTIFY RECALL.
Guest
(Expert) 13 January 2013
Same role as of other witnesses.
Never Give Up
(Querist) 13 January 2013
Thank you Ashish ji, Shroff ji , Dhingra ji.
I sincerely appreciate your effort in replying my query.
Guest
(Expert) 13 January 2013
You are welcome.