Summoning application u/s 91 Cr.P.C. of witness
Accused has been summoned in a criminal complaint case by the Ld. MM. Complainant is leading Pre Charge Evidence. Complainant Files Application u/s 91 Cr.p.c for Summoning of Witness and or Production of Records. Ld. Court Allows the Application for Summoning of Witness u/s 91 Cr.P.C and directs the Complainant to File Process Server. Complainant Files Process Server. At this Stage Can the Accused File an Application that - Why He has not been provided a Copy of Application by the Complainant for Summoning of Witness filed u/s 91 Cr.p.c ?
Is there any Requirement Per law that the Accused Also has to be Supplied the Application for Summoning of Witness filed by the Complainant before the Ld. Court to lead his Pre Charge Evidence ( as Summoning Application is between the Complainant and the Ld. Court )?
Asked 3 years ago in Criminal Law from DELHI, Delhi
The complainant has to give a copy of the application to the accused to make him aware of the witnesses who are to be summoned. You may file an application to seek directions to the complainant to give a copy of the application and also seek deferral of the evidence until the copy is given.
yes the accused needs to be supplied the application for summoning of witness filed by the complainant. you can on the next date of hearing, make a request in the court for the direction to the complainant to supply the documents.
In any case before the court the accused in criminal case and the defendant in the civil case can come to know that he/she has been impleaded only on receipt of summons. In this present case, how did the accused know that he has been impleaded as accused even before the private complaint has been taken on file the court?
The procedure followed by the court in the present case is routine in nature to take cognizance of the complaint/case. So the so called accused need be informed about the pre-complaint stage activity of the case.
1. Yes, he can demand copy of all further applications filed by the complainant in connection with the case wherein he is the accused,
2. It is not a serious issue and the court will allow such application.