Is a complainant also questioned in the witness box in a criminal trial?

[Sri Kanitkar]

Respected Sir,

1. In order to harass me the Complainant has filed a bogus criminal complaint against me by approaching the Magistrate u/s 156(3) CrPC. An FIR has been registered, the charge sheet has been submitted and trial may begin any time.
2. Can my advocate summon the Complainant in the witness box to bring out stark anomalies in her FIR and in another civil suit which she instituted against me?
3. At what stage of the trial can my advocate summon the complainant?
4. Thanks.

[Dr. Ashok Dhamija]

You should not worry about summoning the complainant for questioning during the trial. It is the prosecution which has first to prove its case. Complainant is usually one of the first few witnesses (if not the first one) to be called to prove its case. So, as soon as the charges are framed and prosecution evidence starts, complainant will be called to the witness box sooner or later, and will be examined, and it is at that time that you’ll get ample time to cross-examine him.

     

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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.

[Sri Kanitkar]

Respected Sir,

Thank you so much for prompt reply despite your busy schedule.

[Author]

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