311 Application

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IN
THE CoURT OF
XXII ADDI. CHIEF H I E EM E T R O P O L I T A NMAGISTRATE.

ADDM. CuuEE
AT BENGALU

Vishwanath C.C. No.9697 f2019


Complainant.

AND

Kushiradhya
Accused

APPLICATION UNDER SEC.Cr.P.C.


311 C.P.C. FOR RECALLICG OF CROSS FO
AAMINATION
The Accused
above named states as
1. The
follows:
above case was and it
on 28.06.2021,for cross examination
referred to Lok Adalatposted
on 19.07.2021 and on 16.10.2021 it was posted was
for
accused statement under
sec 313 of Crpc
2. The advocate for accused was unwell and was unable to cross examine PW-
.1nis Hon'ble Court was pleased to discharge the PW-l from crosss-

examination.
c accused counsel states that i t is neither wilful nor wanton but due to the

reason stated above

4. There is a connected matter between the parties pending before the Hon'ble
XXIII ACMM Court where the cross examination has already happened and the
Accused is having a good case in her favour.

5. The accused states that the balance of convenience lies in her favour, further to
get rebuttal evidence from the PW1, it is just and necessary to cross-examine
the PW -1 as this is an important witnes of fact and absence of cross
examination by accused would be detrimental to this case. Hence the advocate
for accused shall be permitted to cross-examine the PW - 1.

6. The accused is ready to bear the cost of PW-. I for reappearance in the Court.

In these circumstances it is therefore prayed that this Hon'ble Court may be pleased to
p e r m i t the a c c u s e d to reopen and recall ne W - land to allow cross examination o f

PWI in the interest of justice and thus reFder justice.

Bengaluru Counsel For Accused

Date:16/11/2021

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