Legal Question in Criminal Law in India

The alleged crime happened in 1985.The charges were framed in 2009.During this time,there was a stay for a total of 5 years .A1 was absconding from day 1.A6 died.there are 10 accused.Sections 120 b,420.470 ,471 etc .there were instructions at diffrent time sfrom the district and high courts to dispose the matter at the earliest.The last one was to dispose it before sep 2011.20 witnesses were examined and now the investigating officers and other officers have to be examined.Last witness wasexamined in 2010.A9s advocate crossexamined 5 witnesses but did not attend the court at the time of the crossexaminaion of other witnessses..Now a9 advocate is moving a petition to recall the witnesses for a cross.IS THIS POSSIBLE?Can i move to the high court to quash the proceedings citing the delay and the evidences brought in during the trial?Please note that the judge also got transferred 2 months back.

Asked on 9/13/11, 11:06 pm

Shrichand Nahar S.V.Nahar, Advocate

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Recalling may be possible.

Quashing after examination of almost all witnesses appears difficult.

Answered on 9/14/11, 1:31 am

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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you may approach the high court only after you go through the order passed by the trial court regarding recalling of witnesses.

Answered on 9/14/11, 2:38 am

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