Prosecution 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?

Answers (1)

125 votes
You 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.

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