quesProsecution witness not coming for cross examination

A witness on behalf of the complainant gave witness against the accused who is not coming again for cross examination because of the accused lawyer. The hearing got postponed nearly 5 times because of the witness refusing to come. 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. Please clarify whether the accused can request to set aside the evidence and statement given by that prosecution witness?

  • ansYou can file an application before the Judicial Minister for closing the witness evidence and proceed further. The burden depends on the complainant and not accused to produce witness.

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Criminal Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Consult best Criminal lawyers in India

Criminal Lawyers

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 13 years


Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 13 years


Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 23 years


Advocate Sunil Dalal

  New Friends Colony
 Experience: 19 years


View all >>

How it Works

Know how LawRato makes legal easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly