• Prosecution witness not coming for cross examination

In a criminal private complaint, in Judicial Magistrate court, a witness on behalf of complainant gave witness against the accused. But he is not coming again for cross examination by accused lawyer. Hearing postponed nearly 9 times for want of appearance of that witness for being cross examined.

Now, the advocate of complainant requests to send summon to his witness who is refusing to come for cross examination. The learned Magistrate refuses to send summon stating it is a private complaint and the witness is complainant own witness.

Now, please clarify whether the accused can request to set aside the evidence and statement given by that prosecution witness and pls reply with sections and case laws.
Asked 3 years ago in Criminal Law from Cuddalore, Tamil Nadu
until unless witness is not cross examined his statement is of no use.
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
Dear Querist
try to avoid repeated queries, read your another post.
Nadeem Qureshi
Advocate, New Delhi
3536 Answers
130 Consultations
4.9 on 5.0

Ask a Lawyer

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

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5229 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3536 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
437 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0