Try to complete cross-examination of witness on same day: Supreme Court
The Supreme Court observed that once the witness is in the witness box and is being cross-examined, every effort should be made to ensure that the cross-examination is completed that day.
The bench of SK Kaul judges and MM Sundresh made this submission while considering an SLP challenging the order of the Allahabad High Court dated March 19, 2021 (“contested order”).
In the order under appeal, the High Court had refused to grant bail to the petitioner against whom an FIR had been registered under Sections 419, 420, 467, 468, 471, 406 506, 392, 120-B IPC.
Appearing for the petitioner, the attorney argued that whenever the first witness was cross-examined and after a few questions, the case was adjourned. He also informed the Court that there were 4 private witnesses in the case.
Expressing disapproval of the matter’s deference, the bench in their order said:
“Once the witness is in the witness box and is being cross-examined, every effort should be made to ensure that the cross-examination is completed that day. It is more a matter of examining the nature of the case before the Court, which is not a complex criminal trial.
We expect the trial court to complete the questioning of private witnesses by the next date.”
Also Read: Examine Private Witnesses First; Try to complete their examination-in-chief and cross-examination on the same day: Supreme Court to lower courts
Case Title: Neetu Tripathi v. State of UP and ANR | Special Authorization to Appeal (Crl.) No.3997/2021
Reference: 2022 LiveLaw (SC) 349
Click here to read/download the High Court Order
Click here to read/download the Supreme Court order