Goa Court Grants Senior Advocate Opportunity to Cross-Examine Witness After Advocate Withdrawal.


17 April 2025 Criminal Trial >> Criminal Law  

In Siddharth Shivnath Shirodkar v/s State of Goa, Thr. Public Prosecutor., the High Court of Bombay at Goa has set aside an order by the Judicial Magistrate First Class (JMFC), Sattari at Valpoi, which had closed the cross-examination of a witness (PW1) in a criminal case. The case involves a senior advocate as the accused, who had requested the trial court for permission to personally cross-examine the witness, citing his familiarity with the case facts.

The trial court had initially refused this request, as the accused was represented by an advocate who was present but expressed an inability to conduct the cross-examination. Subsequently, the advocate on record for the accused withdrew their appearance.


 

 

Considering this withdrawal and the accused's status as a senior advocate, the High Court of Bombay at Goa found it just and fair to grant the petitioner one opportunity to cross-examine PW1. The court acknowledged the general rule that an accused represented by counsel typically does not conduct cross-examination themselves. However, it made an exception in this instance due to the unique circumstances, including the accused's legal expertise and the advocate's withdrawal.

Consequently, the impugned order closing the cross-examination was quashed. The Magistrate is now directed to recall PW1 and permit the petitioner/accused to personally conduct the cross-examination and represent himself in the ongoing trial (Criminal Case No. IPC/11/2019).

The rule was made absolute in terms of the petitioner's prayer to quash the JMFC order and allow his application to cross-examine the witness. However, the court imposed a cost of ?5,000/- on the petitioner, to be deposited with the Magistrate. This amount will be used to cover the expenses of recalling the witness, with any remaining balance to be remitted to the North Goa District Legal Services Authority.


  

Indian Penal Code, 1860