• Complainant recorded statement by magistrate has a few important narratives missing

The statement recorded by the magistrate during witness of the complainant, there was a very important narative missing which can now alter the charges against the accused. Although the complainant has narrated that particular incident the magistrate did not record it and this flaw has been detected lately, although The defence lawyer's defence suggests the missing narrative( missed by the magistrate). The verdict of the case is yet to come.
Asked 4 years ago in Criminal Law
Religion: Hindu

7 answers received in 1 day.

Lawyers are available now to answer your questions.

9 Answers

Nothing can be changed in the statement at this stage when the verdict has to be passed and all the process has been completed

Give a Written Argument to the magistrate and if he does not consider the same then raise the point in appeal.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

hello

if there is something that ought to have been done by the magistrate but he has not done, file a criminal revision against the same.

regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

Further statements can be filed before the court citing that this is important for the case for the justice application to record further statements can be made the court can grant such application.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Go back to the court and inform the magistrate of the missing part. It is not the fault of magistrate because such magistrate has to deal many cases all through the day. Usually such recordings are made by stenographers who can be purchased by your other side or enemy. Inform magistrate before its late.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1. The query is very ambiguous. If it was 164 statement then it remains to be seen and ascertained what was the question of the magistrate and what was the answer of it.

2. If the magistrate had asked a question he is supposed to receive and dictate only the answer to that question. If the witness begins to explain his answer the magistrate is not supposed to dictate it.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Section 311 empowers the court at any stage of any inquiry, trial or other proceedings under the Code to summon any person as a witness or examine any person in attendance, though not summoned as witness or recall and re-examine already examined witness.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

File application u/s 311 CrPC for recall of witness. Can be file anytime before order passed.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The missing details should have been notified at the time of deposition of evidence itself.

There is no provision in law for rectifying such things at a later stage

The court will not entertain any such petition filed at this stage.

However if the same has been mentioned i the original complaint given at the initial stage, that may be banked upon while presenting final argument.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

You can file a petition under secttion 311 of Cr.p.c for recalling and re examination of the witness. The court is bound to recall and record his statement.

Bindu Gogoi
Advocate, Guwahati
75 Answers
2 Consultations

4.8 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer