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Re-recording of Sec 313 in 498A from complainant
28-Nov-2024 (In Divorce Law)
Is it legally permissible for the complainant to request a re-recording of Section 313 proceedings at the final arguments stage in 498A case, citing missed evidence? What legal arguments can I present to oppose this request and ensure the case progresses to final arguments without further delays?
Yes, it is open for the court to allow such request. But such request can't be accepted to fill up the lacuna as complainant had sufficient opportunity at the earlier stage and now he cannot fill up the gaps left in evidence. For further query please contact us.
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Adv. Rakesh Kumar Singla
Jind | 25+ Answers
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Hello Sir/mam
Depends on the matter Kindly share the details accordingly i can guide you.
You can contact me over phone call for further assistance or advice.
Thank you
Regards
Advocate Kuber Hooda
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Adv. Kuber Hooda
Panchkula | 700+ Answers
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You can oppose the request for re-recording Section 313 proceedings with the following arguments:
1. Finality of Proceedings: Section 313 is conducted to ensure the accused's defense against the prosecution's evidence. Once completed, it cannot be reopened unless there is a significant procedural irregularity.
2. No Provision for Re-recording: The Code of Criminal Procedure does not explicitly provide for re-recording 313 statements at the complainant's request, especially during final arguments.
3. Delay in Justice: Highlight that allowing such requests would lead to unnecessary delays and go against the principle of a speedy trial.
4. Abuse of Process: Argue that the request is an attempt to prolong the case unnecessarily and lacks merit.
5. No Prejudice: If the accused was given a fair opportunity to respond earlier, there is no valid ground to disrupt the trial at this stage.
Request the court to dismiss the application and proceed to final arguments to ensure timely justice.
Adv. Mahinder Singh Mavi
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Adv. Mahinder Singh
Faridabad | 100+ Answers
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