Legal Question in Criminal Law in India
Under 498a case after girls examinationinchief, the time is given for preparing the questions for cross or cross has to be done on the same day by accused advocate?
Can HC advocate conduct cross at lower court or not?
2 Answers from Attorneys
If an application for adjournment is moved in normal cases court is granting time for cross examination of any witness. In some cases court is insisting to ask few question to witness and than time shall be granted. Cross examination by advocate of Supreme Court can be done even in Mamlatdar/ Executive Magistrate court, if one is ready to appear before lower court
Right of Cross examination is available to the party and his advocate. Advocate could be any one, be it may from lower court or from High Court. It can be done on the same day or could be deferred only on strong reasons. the supreme court says that if the witness is present, the testimony should be tried to be completed on the same day.
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