• My Govt lawyer is turning our witness into hostile intentionally

Hello Namaste,

I have a criminal case filed against 2 ppl who are trespassing on our property. Now it is in the Evidence stage my father was the first witness and my govt lawyer made him partially hostile. Today we had the main eyewitness evidence, they called out his name and he stood in front of the Judge and asked what is your name and where are you from.. That's it.. they ask him to sit down. later they got the sign to that witness statement and the helping police constable who took the signature did not allow him to read what was written in it...
 
Later I checked the status on mobile it mentioned that CW was present and deposed as PW3 and got marked Ex.P4 turned hostile. 
I was shocked to see that status as hostile... Even the Judge did not ask to confirm him are you turning hostile or you didn't know anything
related to this case.

Later I approached the Govt lawyer and she said that on the file it was already mentioned 
as hostile That is why I told the judge the same... I got to know that she was booked 

later I approached different lawyers and they told the lawyer should not do like that, they asked
to complain to the judge and my Civil lawyer told need not worry we could ask to Recall the 
witness evidence and on the next date, we can file it...

What to do now, Should I complain to the Judge regarding this, or should I file an application to recall the last evidence during next hearing.
Asked 7 months ago in Criminal Law
Religion: Hindu

2 answers received in 1 hour.

Lawyers are available now to answer your questions.

9 Answers

Believe you are a defacto complainant in this case?

Why did you not ask your father about he turning hostile witness?

The other eye witness cannot turn hostile on his own unless the police and the public prosecutor have colluded with the accused side, if you suspect foul play then you can very well make a complaint in this regard to court vigilance department with evidence and seek for investigation.

Before that you obtain certified copies of the witness deposition and also the witness original statement  and enclose them as documentary evidence to your complaint with the high court vigilance department.

You may take the assistance from a local lawyer and proceed as suggested. 

T Kalaiselvan
Advocate, Vellore
87624 Answers
2352 Consultations

You should complain to judge against govt lawyer for declaring witness as hostile 

Ajay Sethi
Advocate, Mumbai
97429 Answers
7872 Consultations

As per guidelines issued by the Supreme Court of India, grievances against Judicial Officers are required to be sent on sworn affidavit with verifiable facts to the Registrar General of the concerned High Court.

 

2) The complaint against public prosecutor may be addressed to the Ministry of Law and Justice of state which exercises overall superintendence and control over the functioning of a Public Prosecutor (PP).

Ajay Sethi
Advocate, Mumbai
97429 Answers
7872 Consultations

Confine your complaint to prosecutor declaring witness hostile 

Ajay Sethi
Advocate, Mumbai
97429 Answers
7872 Consultations

The evidence given by your father cannot be withdrawn at this stage. 

The complaint against the APP can very well be given to the vigilance department,  she cannot take revenge on this. 

In your complaint you can clearly explain the situation and inform that you may not get justice if this APP continues to prosecute the case. 

The matter will be inquired properly. 

 

T Kalaiselvan
Advocate, Vellore
87624 Answers
2352 Consultations

The APP can very well dispense with certain witnesses if in her opinion it becomes unnecessary and not supporting prosecution. 

But that will not prevent you from complaining against her for the fraudulent acts committed by her. 

T Kalaiselvan
Advocate, Vellore
87624 Answers
2352 Consultations

You can bring this before court and seek a different prosecutor in your case on grounds of fair trial

Prashant Nayak
Advocate, Mumbai
32810 Answers
209 Consultations

- As per Supreme Court , the Right of witnesses to testify freely in courts is part of Article 21 of Constitution of India.

- Hence, the said acts of the govt. lawyer are against the law , and the complainant has his right to re-call the said witnesses for additional evidence in the case.  

- Your lawyer can move an application before the said court for recalling the witness on your mentioned grounds.

- Further, a complaint can also be filed before the District & Session Judge against him.

Mohammed Shahzad
Advocate, Delhi
14727 Answers
224 Consultations

Dear Client,

1. You should file an application to recall the last evidence during the next hearing to have further clarification. This will be a good chance to object, answer any questions arising from the witness’s evidence, or challenge any misconceptions.

2. If you feel that the government lawyer is incompetent or has embarrassed you on a certain issue, you may apply for a new APP. This can be done by filling a formal written application to the court of law with reasons why you ought to be granted such a request.

3. Pursuant to the Third Amended on October 23, 2019, the plaintiff is allowed to write a letter of complaint to the Judge. Please provide problem statements of some of the experiences you have had with your father and the police, including the partial hostile designation of your father, the treatment of the eyewitness, and exiting CW2 and CW6 without consulting them.

4. When making your complaint against the APP, state that the carer left CW2 without your permission and the absence of the appropriate summons for CW6. All these details shall give a comprehensive outline of the problems that you have encountered with the current APP in dealing with the case.

Anik Miu
Advocate, Bangalore
10355 Answers
121 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer