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Sreenivas   16 September 2024

Can an unlisted witness (prosecution) be accepted in a trail

In a criminal trail, a CFSL officer is suddenly proposed by prosecution without prior intimation to defence lawyer. It was objected by the defence but judge kept aside the objection. The witness was present and deposed his witness. The judge has not given even a day's adjournment for cross examination and defence couldn't complete. Is it just and fair and stands for legal scrutiny?

 



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     16 September 2024

You can file a revision petition before High court to set aside the trial court orders for not giving sufficient time for cross examination of the prosecution witness and a stay order to stall further proceedings by the trial court until then.

The Perfect Solutions (Advocate)     22 October 2024

Under section 193(9) of BNSS which was earlier section 173(8) Cr.P.C allows further investigation by the police after the investigating officer files a petition to investigate further and produce witnesses. However, the court may allow or dismiss the petitiobn, but, if the Prosecution examines a witness who is not found in the list of witnesses of the Chargesheet, the court cannot allow. This has to be challenged.

adv.raghavan (Advocate,9444674980)     24 October 2024

file a recall petition before the trial court and on negative order move to the high court and escalate the same. 


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