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N.K.Assumi (Advocate)     09 May 2013

Under what provisions of crpc witness is discharge?

Under what provisions a witness is dischrage by the Court? If the witness is discharge by the court by a motion made by the Prosecution, is it equivelant to his/her acquittal?



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 8 Replies

Adv Archana Deshmukh (Practicing Advocate)     09 May 2013

If the prosecution does not lead any evidence after framing of charge then the accused shall be acquitted

N.K.Assumi (Advocate)     09 May 2013

Yes, acquittal: but under what provisions of the CrPc a witness can be discharge by the Court if the requisites of discharging the witness is presented before the Court. 

N.K.Assumi (Advocate)     09 May 2013

Archana, I am talking about the state witness who is discharge by the Court on a motion made by the prosecution, and under what provisions of the CrPc discharge Order can be made by the Copurt? and if the stater witness is discharge whether it is equivelant to acquittal of the witness?

Adv Archana Deshmukh (Practicing Advocate)     09 May 2013

Sir, I am unable to understand how the word 'acquittal' is being used for a witness? Plz explain

As far as not examining a witness is concerned the Prosecutor has every right to choose who he wants to examine i.e what witnessess he should examine or give up some one.

N.K.Assumi (Advocate)     09 May 2013

So, the question is under what provisions of CrPc a state witness can be discharge by the court on a motion made by the Prosecution?

N.K.Assumi (Advocate)     09 May 2013

Archana, Yes, you are absolutely right that the prosecution can choose and pick a witness, but once a summon is issued to the state witness and the police served the summon toi the state witness, under what provisions of CrPc the state witness can be discharge by the court. That is my simple query! and if the state witness is discharge by the court, is it equievelant to acquittal?

Anjuru Chandra Sekhar (Advocate )     09 May 2013

Try Section 321 or 245 of Cr.PC.

N.K.Assumi (Advocate)     10 May 2013

Excellent answer, thanks.


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