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How do you stop a witness to leave the country in a criminal matter?
13-Jan-2023 (In Criminal Law)
How do you prevent a key witness to leave country in a case under section 304/304A IPC, where the charge framing is impending in court and the name of the witness in question is present in the charge sheet of Police? Given the slow course of legal proceedings, how do you as an accused person prevent the witness leaving country before deposition/witness where you or your counsel believes that cross examination of THIS VERY WITNESS is vital and can change the course of the case and vital for natural justice ?
Ask the respected court to seize the passport, voter identity card and PAN card and all of its originals. Report to passport office and all other offices n annexe the petition of the case too it will easier to block.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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MY OPINION THAT you question is very positive & you have many course of legal proceedings that the key witness not leave the particular place without the court permission, if required the motive of cause of cation can change, contact with me.
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Adv. Ranabir Banerjee
Kolkata | 200+ Answers
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Witness can exam in a Criminal Case as per serial of Charge Sheet Witness. but there no heard and first rule regarding examination of Witness under Chapter XXIII of Cr. P.C. if the accused may proof that any vital witness may wants to go abroad, he may file application before the Ld. Court for exam him first and break the normal schedule. the Court may exam that person if he desire so u/s 135 of Evidence Act.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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