IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE AT

BANGALORE

CC.NO.2419/2016

BETWEEN.

State by Tavarekere Police ...... Complainant

And.

Chandrusekar and another ....... Accused No 1.

APPLICATION UNDER SECTION 311 OF THE CODE OF CRIMINAL

PROCEDURE

The Accused no 1 in the above case most humbly submits as follows.

1) The Accused no 1 submit that when the case was posted for evidence of
complainant, the complainant has examined its witnessed. On that day they said
witness could not be cross examined by the accused no 1 as his counsel was
engaged his brother marriage, so their advocate to enable him to cross examine
the said witnesses. Hence, this Hon’ble court has closed the cross examination
of the said witnesses and taken the same as nil and posted for 313 statement of
accused.

2) The complainant had given false evidence against this accused no 1 which
would incriminate them in the above case. Since the above said witnesses are
material witnesses and to test the veracity of the witness, the permission for
cross examination of the said witnesses is very much necessary and it would
help the accused to defend their case effectively. The Accused no 1 submits that
the failure on the part of the accused to cross examine the witnesses, is not
deliberate and the same was because of the bonafide reasons stated above. If the
application is not allowed the accused will be put to hard ships, on the other
hand the false evidence given by the said witnesses will go unopposed. Hence,
in order to give an opportunity to the accused to cross examine the said
witnesses it is necessary to allow the application as prayed for.

Wherefore the accused most respectfully prays that this Hon’ble court may
kindly be pleased recall the complainant for cross examination in the interest of
justice and equity.

Bangalore. Advocate for Accused

no 1.

Date.04-07-2018.