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Can we file a memo to seek cost without prayer?
31-Mar-2025 (In Criminal Law)
PW1 has neglected summon for 7 times despite living in the same city, 2 times asked for time, 1 time late to court no penalty so far. CW2 absent once, was late once no penalty. Accused filed 70(2),309 on the same day still court issued penalty 3 times. PW1 took accused accused lawyers num he had to retire and appear as party-in person court imposed 700 penalty for asking time to collect NOC. Accusedfiled 311 if courts impose a cost can he file a memo stating all the dates without prayer forcost?
Dear Sir,
Accused cannot file Memo seeking to impose cost in respect of all earlier dates which were adjourned without cost. Better to request the Court to close the cross examination of PW1 and further to dispense with examination of other chargesheeted witness as there would be no improvement in the prosecution case. 313 statement may also be dispensed with and prosecution side will be taken as heard and may pronounce judgment of acquittal.
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Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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