s..i..n..g..h.. (member) 11 November 2011

Can i call again witness for cross examination

In a case of crpc 125

i changed the lawyer , the cross examination of girl has already happened one year before

now can i recall her at any ground to again cross examination

viz

i will pay two and fro fair for girl as well as one more person who accompany her if permitted to cross examine
my earlier was not competent
some more evidence came into the light for which she needs cross examination

any other way ?

please suggest

regards and thanks

Reply Follow

19 Replies

(Guest)

Yes. But keep open holes for recalling her again and again to a point of a nervous breakdown.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 11 November 2011

137. Examination-in-chief -

The examination of a witness, by the party who calls him, shall be called his examination-in-chief.

Cross-examination

The examination of a witness by the adverse party shall be called his cross-examination.

Re-examination

The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination.

S.B.adil rahman (Legal Consultant ) 11 November 2011

Yes, but on the new facts and circumstances relying on which you want to recall her. The court will examine the merit of your submission and if found suitable in the interest of justice, then only you will be permitted to recall her. In case of rejection of your prayer to recall her,the court will have to record the reason of rejection. If you are not satsfied by the order of the court then you can move to the higher court against the order of the tria magistrate.

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER) 11 November 2011

I agree with Mr.Adil rahman.

s.meghala shree (advocate) 11 November 2011

I agree with Mr.Adil rahman.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 11 November 2011

Further cross-examinations happen on very few grounds.

Try it out.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Rajeev Kumar (Lawyer/Advocate) 11 November 2011

I agree with above experts

s..i..n..g..h.. (member) 12 November 2011

my ground is ;

cross examination about her job as she is working in pvt sector and it is very difficult to get evidence by other means of her job (since in pvt sector no rti etc can be filed)

her declaration in many documents that she is unmarried like in passport form