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Vandan Kumar   31 July 2023

Cross Examination of IO

Dear All,
Pls advise on law point.

Whether Examination in chief of IO is compulsory in Criminal trial ?

I wish to secure the cross examination of IO on 173 Report, since the investigation is not proper and complete.

however still examination in chief is not concluded by PP for IO, Hoever completed for Complainanat, how to take the cross of IO?

Pls advice n correct me if i am going wrong, Thanks

Regards
Advocate Vandan Kumar
Malad, Mumbai


Learning

 7 Replies

Dr. J C Vashista (Advocate )     31 July 2023

You have queried:

a) Whether Examination in chief of IO is compulsory in Criminal trial ?

Ans: Of course prosecution has to prove charges framed against the accused by deposition of IO, it is compulsory. 

Q. I wish to secure the cross examination of IO on 173 Report, since the investigation is not proper and complete.

Ans: Yes, it is your sacred duty and right to cross examine the IO with the sole aim to disprove prosecution story/ thoery qua charges levelled against your client/ accused. Otherwise, what is the requirement of hiring your services by the accused ?

Q. however still examination in chief is not concluded by PP for IO, Hoever completed for Complainanat, how to take the cross of IO?

Ans: Let IO depose and handover the witness (IO in this case) to you for cross-examination.

Later part of question is vague and not clear.

You will have to go through each and every word of IO before and during his/her cross-examination which cannot be commented / advised at this stage i.e., without providing a copy of examination-in-chief of the witness (IO in this case)

It would be appropriate to seek guidance of a local senior lawyer practicing criminal case(s)..
 

Vandan Kumar   31 July 2023

Sir, Thanks for your detailed Advice.

The later part of Question was- Examination in Chief for PW. 1 i.e.complainant is completed by PP, however Examination in chief for IO is pending.

so pp will do it on later stage or I shall move some application or verbal to conduct Examination in chief for IO?

Regards

T. Kalaiselvan, Advocate (Advocate)     31 July 2023

If the chief examination of the IO is not completed then you have wait for it to be completed after which you can get the opportunity for cross examination of the IO. 

Vandan Kumar   31 July 2023

Thank you so much sir

Gopal Jena   31 July 2023

in NDPS case, can the complainant (police) read his part of the report before the court, at the time of trial?

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     31 July 2023

You can do cross exam any one that who can related to the case. 

Object of Cross Examination

To bring out the falsity and To find out the truth. In order to bring out this,

  • Discredit the witness
  • Destroy the chief examination
  • Establish accused�s version in bringing out the facts, which the witness has not deposed in chief examination.

Kivi Assumi   05 August 2023

IN NDPS case cross examination of the IO is vital and in absence of Cross by the defense it will be a half backed trial.


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