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Statement of witness should be recorded same day or next: SC

Team SoOLEGAL 11 Oct 2022 5:55pm

Statement of witness should be recorded same day or next: SC

New Delhi: On 30th September 2022, the Supreme Court bench led by Justice Ajay Rastogi & Justice CT Ravikumar while deciding a Special Leave Petition observed that no adjournments shall be granted while recording the statement of a witness, i.e., the examination-in-chief and the cross-examination of a witness must be recorded on the same day or the subsequent/next day, avoiding delays.

The Supreme Court was hearing two petitions seeking the revocation of bail granted to two people in a murder case by the Allahabad High Court. The order came after the Bench was informed that it had taken nearly three months to complete the recording of one of the prosecution witnesses' statements.

The Bench stated that the trial judge should consider the Supreme Court's decision on Section 309 CrPC, which deals with the power to postpone/adjourn proceedings. It also asked that the trial judge expedite the proceedings.

In two separate orders issued in February and March, the high court granted bail to the two people in connection with a FIR filed in the Uttar Pradesh district of Bhadohi for murder. According to the witness list, there were three eyewitnesses, the statement of one of the prosecution witnesses had been recorded, and the case had taken nearly three months to conclude.



Tagged: Statement of witness  
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