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Author Topic: Restriction to cross-examination  (Read 351 times)

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Offline orange007

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Restriction to cross-examination
« on: September 11, 2016, 12:37:42 PM »
Madam/Sir,
I would like to have your kind opinion on this peculiar situation.
That the cross-examination of the complainant/witness in a Domestic Violence matter pending adjudication before a Trial Court in Delhi finally started before after a long span of 5 years.
That after a brief spell of cross-examination the matter was adjourned by the Ld. M.M. with an oral direction to the defense counsel to complete the cross-examination on the next date and no further adjournment/time would be given by the Trial Court for further cross-examination.
Kindly render your valuable advise on the following aspects:
1.   Can the Court of the Ld. M.M restrict/curtail the right of the defense counsel and fix a time frame to cross-examine a witness, CW1?
2.   Can the Court of the Ld. M.M. close the cross-examination of the defense counsel even though he has not completed the cross-examination of the witness in its entirety?
3.   I will be grateful if your good self can also share the cause title of supporting judgements/citations of the Hon’ble Apex Court/High Courts in this regard.
Thanking You,
Regards.

Offline advjaibansal

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Re: Restriction to cross-examination
« Reply #1 on: September 14, 2016, 05:54:50 AM »
Dear Sir,

It seems that the defence lawyer has already taken adjournment and has not completed  the cross on the last date of hearing. Hence the judge must have told him to complete the cross on the next date of hearing without delaying the matter as the same is pending since last 5 years.

The Judge is well within his rights to limit the time for cross examination and even close the cross examination on the next date of hearing if the same is not completed by the defence lawyer for some or other reasons.

Hence, it is advisable to complete the cross on the next date of hearing. There is no judgment which may support you if the lawyer is delaying the cross examination and judge is forced to close the same.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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