Application to Recall Witness under Section 540

IN THE COURT OF THE LEARNED court_designation, district

Case No. case_number Criminal Case No. _____ of year

state_name ... Prosecution

VERSUS

accused_name ... Accused

APPLICATION TO RECALL WITNESS UNDER SECTION 540 OF THE CODE OF CRIMINAL PROCEDURE, 1898

Respectfully sheweth:

1. That witness_name (witness_description) is a material witness in the above-captioned criminal case and was previously examined during examination_stage on witness_examination_date.

2. That the witness testified as follows: witness_testimony_summary.

3. That recall_necessity and the witness must therefore be recalled for further examination and re-questioning.

4. That the recall of witness_name is essential to the just decision of the case, as materiality_to_justice.

5. That the court, under Section 540 CrPC, has the power to summon, examine, or recall any witness whose evidence the court considers necessary or desirable for the just decision of the case.

6. That the recall and re-examination of witness_name will not prejudice the accused, as witness_name will be subjected to the same obligations and procedures as during original examination.

7. That it is in the interests of justice that witness_name be recalled and questioned on the following matters: specific_questions.

8. That all necessary steps have been taken to ensure the presence and availability of witness_name should this application be allowed.

WHEREFORE

It is, therefore, most respectfully prayed that this Honourable Court may be pleased to:

(a) Allow this application to recall witness_name;

(b) Issue a summons directing witness_name to appear before this Court for re-examination;

(c) Permit applicant_role to put such questions to witness_name as may be necessary and material to the just decision of the case;

(d) Allow witness_name to be examined, cross-examined, and re-examined as may be required in the interests of justice; and

(e) Pass such further or other order as deemed just and proper under the circumstances.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of the above application are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

_____________________________ applicant_role Through: _____________________________ counsel_name Advocate