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Sample Petition to recall the Complainant again for cross-examination

IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
AT MAPUSA – GOA

Case No. OA/DVA/429/2010/D

Mrs.Abla Nari … Complainant

versus

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.

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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.

PRAYER

10. The Respondent therefore prays that this Hon’ble Court be pleased to recall the Complainant (PW1) for further cross-examination.

 

Mapusa – Goa
22.06.2018

(Advocate for the Respondent)

4 thoughts on “Sample Petition to recall the Complainant again for cross-examination

  1. BACKGROUND: **(I) I sent some valuable clothes to my estranged DIL for Grandson’s birthday. Sent on 12/07/16, On 17th, i.e. after 6 days. Postman took back he packet writing “refused” and I received it back on 28th, i.e. after 10 days. **(II) It was pilfered and theft committed. Weight when sent 300 gms received back 60 gms. **(III) I filed police complaint for theft by DIL (Accuased-1) & Postman (Accus-2) and title made so by Magistrate .
    ** (IV) As no FIR was registered, through court I got FIR registered. Accused were (a) DIL (b) Postman, **(V) In the meantime I applied under RTI for a copy of Delivery slip and I got it. On scrutiny it is clearly visible that a slip was stapled with some forged signature over the actual signature of recipient. I gave a copy to Police. ** (V ) I filed application in the court to arraigning Postmaster as Accused -3 as RTI application was sent to him. **(VI) The MM is different now. He changed the title: GIVEN BY HIS PREDECESSOR EARLIER and now made as “STATE Vs. UNTRACE” in his order. **(VII ) USTATUS: Hearing was on this 14th and MM took my statement. He asked me to give witnesses in the next hearing in November.

    **QUERY: TITLE WHICH WAS MADE BY PREDECESSOR HAS BEEN DRASTICALLY ALTERED BY THE PRESENT CM , CAN I SAY THAT i HAVE NO FAITH IN THE SAID COURT (OR) IS IT FEASIBLE TO FILE APPEAL. IF APPEAL IS MADE UNDER WHAT PROVISION. THANK YOU FOR VALUED OPINION/ COLLECTIVE WISDOM.

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