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bonafied (assistant)     25 July 2024

Stage recall

I am appearing as party in person case stage evidence. I crossed the witness due to court time complete magistrate asked me to do on the next hearing. Next hearing I gave attendance and in the afternoon my number was called but it was not audible I missed my number when it's called NBW issued witness was sent away and asked to appear after fresh summons. Later on the same day I said my number was not called court asked to file a recall and NBW recalled on the same day. Later in next hearing witnesses (PW1) prayed for time court gave a date in 2 weeks I asked for date change. But court refused. Later I got sick and dues to rains I could not travel to Bengaluru. On the next date magistrate asked me to file a application to cross the witness. Should I file a stage recall application u/s 311 or is there a provision in CrPc to recall the witness PW1 (complianant). After recall should can I put leading questions to the witness? I have many questions to ask the witness to contradict her earlier statements and give suggestions. If not leading questions I can still ask them by showing the evidence?



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     25 July 2024

Since you have not cross examined the witness when a NBW was issued against you,  the court automatically closed the evidence. 

Hence it is pertinent that you have to file a petition to reopen the evidence and recall the witness for continuation of cross examination. 

During cross examination what is the necessity for you to ask leading questions,  you can ask her the questions pertaining to the subject and in connection with her false allegations. 

If you have documentary evidences in your possession,  you can get them marked as respondent evidence through her provided she admits them, if not then you cannot get them marked as exhibits. 

bonafied (assistant)     26 July 2024

Exactly that is what I was thinking. But then again in the case history there was no comment about evidence beign closed or nil only NBW issued was mentioned. So it was not clear for me what application the court was asking to file. I will file a Application u/s 311 of CrPC for recall. After the witness is summoned I will continue cross examination with leading questions and I hope the recall shall not be treated as re-emanination am I right? The magistrate was asking me to pay Rs 500 to PW1. Can I avoid that penalty as my absence was because of bad health condition not intentional.

One more question if witness delibarately denies on oath that her previous compliant given in the office against me that was backdated and signed by her (true copies shall be shown to the witness) and submitted to PS (that comes under office judistriction) in response to my compliant in that PS (office judistriction) and closed my compliant as compromise one sidedly were not hers. I never made any compromise btw. Later she filed another compliant in diffrent PS judistriction where she resides. For which I am being prosecuted. Can I ask the magistrate during cross to take action agaist her under purjury or should I file a compliant regarding perjury (deliberately suppresing material evidence agaist her) separately after the trial?


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