Section 311 crpc

Querist : Anonymous (Querist) 10 November 2011 This query is : Resolved
can defence recall any witness again for cross examination when earlier cousel had opportunity to cross examin him but did not cross examine fully and new cousel who is appointed in place of him as a result of earlier counsel death desire to do so.

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Arvind Singh Chauhan (Expert) 10 November 2011
Only if new counsel satisfies to court that particular relevant question left to be asked from the particular witness.

Guest (Expert) 10 November 2011
it is on the satisfaction of the court and to the what extent the new lawyer need additional evidence.

M.Sheik Mohammed Ali (Expert) 10 November 2011
yes, you may recall the witness for cross examine.

Ajay Bansal (Expert) 10 November 2011
No.There are several citations against re-cross-examination due to change of lawyer.However if previous lawyer was in-collusion with opposite party,then said application u/s 311 Cr.P.C. deserves to be allowed.

Rajeev Kumar (Expert) 10 November 2011
I do agree with Ajay

Nadeem Qureshi (Expert) 10 November 2011
311. Power to summon material witness, or examine person present.

Any court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person its a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case

Shonee Kapoor (Expert) 10 November 2011
It would again be decided on merits, whether witness need to be recalled or not.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Querist : Anonymous (Querist) 10 November 2011
does it not make any hurdle that earlier counsel had opprtunity to examine.

Advocate. Arunagiri (Expert) 10 November 2011
Even if the earlier counsel missed his opportunity, the new counsel can file 311 petition.

Arun Kumar Bhagat (Expert) 11 November 2011
Only if new counsel satisfies to court that particular relevant question left to be asked from the particular witness.

I endorse the aforesaid views of Arvind.

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