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The Court noted that Section 243 (evidence for defence) of the CrPC does not prevent an IO from testifying as a witness for the accused in a cross-case, to promote the truth and aid justice.
The Madhya Pradesh High Court Gwalior Bench recently allowed an application filed by an accused under Section 311 CrPC seeking appearance of the Investigating Officer as a witness in the cross-case...
The Allahabad High Court has held that under Section 243(2) of the CrPC, the Magistrate is under an obligation to not compel re-appearances of prosecution witnesses already examined by the accused...