Application for recall of witness for cross-examination wrongly dismissed by MM

[Anonymous]

I am an accused in a false cheque bouncing case that has been instituted against me. I am a senior citizen and a patient of a serious medical ailment. I am always present in the court proceedings despite my ill health. On the last date, the MM had closed the opportunity to cross examine the complainant as i was not present on that day. I moved an application under Section 311 CrPC for recalling the evidence. That application has also been wrongly dismissed by the Metropolitan Magistrate. Kindly inform me of my future course of action as to how can i get an order to cross examine the complainant.

[Dr. Ashok Dhamija]

It is not clear from your question whether your lawyer was also absent when you were not present in court at the time when the opportunity to cross-examine the complainant was closed by the court of the Metropolitan Magistrate. In fact, it is not clear whether you are appearing in person or are represented by an advocate.

In any case, please note that an order rejecting application under Section 311 Cr.P.C. for recall of a witness is an interlocutory order. In view of this, no revision would be possible before the Sessions Court or High Court under Section 397 of the Criminal Procedure Code against such interlocutory order. There is no appeal also against such order.

Therefore, your only remedy would be to file an application under Section 482 of the Cr.P.C. before the high court to challenge the order passed by the Magistrate court rejecting your application under Section 311 of Cr.P.C. for recall of complainant for cross-examination.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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