In sessions Triable case
S.233(3) says - Accused can apply for issue of any process for compelling the attendnace of any witness or the production of any document or thing.
In Warrant Case
S.243(2) says - Accused can apply to Magistrate for issue of process for compelling the attendance of any witness for the purpose of
1. examination
2. cross examination
2. production of any document or thing.
In Summons case
s.254(2) says the Magistrate may on the application of the prosecution or accused issue a summons to any witness directing him to attend or to produce any document or other thing.
My query is since 243(2) Cr.P.C permits summoning a witness by Accused for purpose of "Cross examination" at Defense stage, is it not permissable for accused to summon at the defense stage, prosecution witness whom he has declined to cross examine for any reason earlier, for the purpose of cross examination? Since the provision in warrant triable case is specific as to "cross examination" can my logic not extended to sessions triable and summons cases where the relevant section is not specific as to examination and cross examination but talks about summoning a witness for attendance in court without elaborating the prupose as in warrant triable case?
