IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
AT MAPUSA – GOA
Case No. OA/DVA/429/2010/D
Mrs.Abla Nari … Complainant
Mr.xxxxxxxxxxxx … Respondent
APPLICATION UNDER SECTION 311 OF CODE OF CRIMINAL PROCEDURE FOR RECALL OF WITNESS
MAY IT PLEASE YOUR HONOUR
The Respondent most respectfully states and submits as under.
1. The present proceedings emanate from a false and frivolous complaint filed by the Complainant alleging domestic violence against the Respondent in sheer abuse of process of law.
2. The Respondent states the Complainant has filed a lengthy Affidavit in Evidence containing further false and frivolous allegations surpassing the pleadings contained in the complaint filed before this Hon’ble Court and has thus enlarged the scope of inquiry.
3. That although this Hon’ble Court has permitted the Respondent to cross-examine the Complainant, certain vital aspects forming the basis of the allegations of the Complainant, which would further establish the falsehood and untruthful nature of the Complainant, have remained from being brought before this Hon’ble Court.
4. The Complainant originally had informed this Hon’ble Court that she would be examining her mother as a witness in support of her case. However, after seeking adjournments for over a year, the said witness was not examined and thereafter the Complainant closed her evidence.
5. The Respondent states that as such he was deprived of his valuable rights to elucidate evidence from the said witness.
6. Be that as it may, the Respondent however, in the interests of justice, deserves an opportunity to bring to the fore those aspects of the case which would establish his innocence and expose the falsehood of the Complainant.
7. The Respondent as such seeks leave of this Hon’ble Court to pass an appropriate order or direction recalling the Complainant to face further cross-examination.
8. It is submitted that the power vested in this Hon’ble Court under Section 311 is vide and is in keeping with the idea of ascertaining the truth in order to do complete justice.
9. It is submitted that if the present application is allowed no prejudice whatsoever will be occasioned to the Complainant. However, per contra, if the present application is disallowed the Respondent will be deprived of his valuable right to test the allegations made by the Complainant by way of cross-examination.
10. The Respondent therefore prays that this Hon’ble Court be pleased to recall the Complainant (PW1) for further cross-examination.
Mapusa – Goa
(Advocate for the Respondent)