criminal case cc case magistrate court

683 votes

Yes, in a private complaint case (CC case) under Section 200 CrPC, if the police had earlier closed the FIR based on false witness statements, and now the Magistrate has taken cognizance of the complaint, the witness can be summoned and cross-examined during trial. After the Magistrate records the complainant’s statement (Section 200 CrPC) and witnesses (Section 202 CrPC, if required), and if process is issued under Section 204 CrPC, the trial proceeds like a warrant case. During trial stage, under Section 244 CrPC, the complainant can summon the false witness as a prosecution witness. After their examination-in-chief, you (accused) can cross-examine under Section 245(2) CrPC. You must file a petition under Section 244 r/w 91 CrPC to summon and cross-examine such witness with justification. Legally, draft a petition stating the relevance of the witness and contradiction in their earlier statement, file before the Magistrate, and argue for allowing their examination and cross.

Advocate Arjun S LawRato

948 votes

In your CC case, you can file a petition under Sec 91 CrPC to summon the witness who gave a false statement. During trial (Sec 244/254 CrPC), examine and cross-examine them. If they contradict or lie again, request the court to declare them hostile under Sec 154 Evidence Act. Use their prior police statement for contradiction under Sec 145. For perjury, initiate proceedings under Sec 340 CrPC read with Sec 195 CrPC.

Advocate Venkatakrishnan A M LawRato