Section 61 of the Code of Criminal Procedure and furthermore in view of the fact that a complainant is required to be present throughout and, thus, unless exempted, question of summoning him does not arise. Section 61 of the Code, however, in our opinion, has no application to the facts and circumstances of this case.
Examination in terms of the provisions of the Indian Evidence Act envisages examination in chief, cross-examination and re-examination, as would appear from Sections 137 and 138 thereof. A person whose evidence has been taken by way of an examination in chief by way of affidavit, keeping in view the statutory scheme noticed both in the Code of Civil Procedure as also in the Code of Criminal Procedure
Narain and others Vs State of Punjab– The test is whether he is a witness “essential to the
Dharmanand Pant Versus State of U.P -Witnesses in a criminal case should not be examined