Whether complaint can be dismiss if complianant no-1 donot apper as witness
yogesh
(Querist) 05 January 2014
This query is : Resolved
I am advocate filed the complaint before the Ld JMIC in which I am the Complainant No-1 and there are other 2 complainants. I have appered as complainant in person ( without vakaltnama filed on behalf of others). Now at the time of Presummoning evidences u/s 190 read with 200 CrPC. I don't want to appear as witness but wants to lead evidences on behalf of complainant No-2 & 3
In such circumstances, whether the complaint will be dismiss if I donot appear as witness during presummoning evidence but lead the evidence on behalf of other 2 witnesses?
2 whether it is appropriate that I should file the vakalatnama on behalf of other 2 complainants??
Adv.Aiyer VLV
(Expert) 06 January 2014
An Advocate Shall not take brief of.case in.which he is a witness and you are interested in the matter
Vakalath be By another Advocate
Guess your avoiding evidence is to represent others
Complaint if It stands prima facie.Wo your oral evidence won't..be dismissed
Surrender K Singal
(Expert) 06 January 2014
Your vakalatnama would be required if you were to represent other complainants; As for your evidence as complainant in person, JMIC can be requested for treating evidence of the co-complainants sufficiernt at pre-summoning stage, informing JMIC about your being interested in the matter
T. Kalaiselvan, Advocate
(Expert) 07 January 2014
The complaint will not be dismissed if you dont give evidence, but to lead evidence, if are objected to then you have restrict yourself to your position in the case.
yogesh
(Querist) 07 January 2014
Thanks all of the experts for their valuable opinion..Ya I still have not file the vakaltnama as I am the complainant in perrosn.I donot think I should file the vakaltnama for others as others should be present in perosn and I should conduct the trail and lead the evidences as they too present in perosn as it on records it will be shown that complaints are present in perosn..However at the time of cross examination..I will engage the advocate temporiarly...
What are the suggestions in thsi case??
