What is the procedure of reopening the evidence if the evidence was closed by the court due to non-appearance of witness. Also, can it be objected?
Thanks
Jeevan (Finance) 21 October 2014
What is the procedure of reopening the evidence if the evidence was closed by the court due to non-appearance of witness. Also, can it be objected?
Thanks
adv.raghavan (Advocate,9444674980) 22 October 2014
Tell us the stage of the case.
Jeevan (Finance) 22 October 2014
Here is the case. In 498a case, my x-wife and her family were not appearing for evidence even after multiple summons and warrants. Hence court dropped the evidence. After two hours of this, she appeared in court (maybe PP informed her of this development) and told judge that she was late and judge ask her to come in the next date.
This is kind of delaying technique. I like to know what she can do in the next date and what I can do to object it.
Thanks
Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 22 October 2014
If evidence is closed then please don't make any more delay. Please go for faster dispossal.
For your question - the answer is CrPC 311, however it is not recommended.
adv.raghavan (Advocate,9444674980) 22 October 2014
They may file petition to re open prosecution witness . The court by all means is not going to allow the petition to re open prosecution witness, but ultimate decision lies with the court, and if any thing happens on the contrary, it is better to finish the crossing. It saves lot of time, because from your version it seems the prosecution side is weak.