R.SHAH (OFFICE STAFF) 09 November 2012

Prosecution witness chief not completed and recall after 313

hello experts,

need urgent help.

I m accused in 498a case of 2005, wherein p.w.3 has not given his chief examination completely and upon several oppurtunity and steps taken by the court even impose fine upon him for not giving deposition in the case and simply dragging the trail for one and another reasons. the court has close his evidence stage on Dec2011 which was running since from Jan2010 to Dec2011. after this oppurtunity was given to prosecution to lead others witness in the case and when nobodys appear and prosectuion given there dropping appln. and few of themselves given appln. as to drop they would not able to come etc.... this was done by complainant thru pp. after I.o. & M.O. were summons several times but not being served to them. court choose to close prosection evidence stage and recorded accused statement on june 2011 and fixed next date for argument. on date of argument complainant file appln. thru APP to call Investigating officer and Medical officer after this summons issued to them since june 2011 to aug2012 just re-issuing summons to I.O. and M.O. on sep'2012 Medical officer appear and his cheif and cross is over. till today I.O. has not come and APP / court re-issuing cummons to him now they got his transfer location and summons issued on that address. But APP has inform court to call the P.W.3 also whose cheif examination has half recorded on dated 09/01/2010. for I.O. i have no objection let him come and deposed.

it's crystal clear they want to fil the gap and to repair there falsehood which was exposed out furing cross examination. in short i want to stop the deposition of P.W.3 who is nothing but playing with the court and law and using the government officer rather than his own witness.

now my question is :

1. it's allow in the law to call P.W.3 for completing his chief examination after 2.5 years, and also after his closing steps others witness and 313 statement recorded?

2. it's is allow to prosecution side to fill there missing and material opens during cross examination ?

3. It's allow to go back into the procedure when the matter stand for I.O. examination that's too after 313 statement recorded.

4. the Complainant was remian present in all the dates and knows the status of case date to date but remain quit and watching that the government servant officer be examined if there deposition not work in the favor complaint want to examine p.w.3.

hope you experts understand my short briefs and queries. kindly response at soonest.

regards

Reply Follow

2 Replies

R.SHAH (OFFICE STAFF) 12 November 2012

pls. reply. in short, whether p.w.3 witness be called after 2 years and that too after cross over of p.w.4. wherein p.w.3 chief deposition not half recorded and thereafter p.w.3 start playing tactics of delaying / not willing to gives deposition and hence after all steps taken by court to make p.w.3 to complete his deposition, court close his evidence with reasoining order.

regards

surjit singh (Assistant) 14 November 2012

I am replying to your second posting. If the prosecution witness is closed and the prosecution wants to depose their witnesses, in that case you can object to it but here you have said that the court has closed the evidence of PW 3 with a reasoned order. Once the prosecution witness is closed the prosecution side cannot give more evidence unless permitted by the court. Under 313 it is the power of the court.