K.Suja vs The Inspector Of Police on 16 March, 2017
Where a party calling a witness and examining him discovers that he is either hostile or unwilling to answer questions put to him, he can obtain permission of the Court to put questions to him which may be put to him by way of cross-examination. The section does not say that a person who calls a witness may cross-examine him in certain circumstances, but he might put questions to him which might be put in cross-examination by the adverse party. That is not the same as cross-examination. This principle is laid down in Bikram Ali Pramanik v. Emperor, ILR (1929) 57 Cal 801; Luchi Ram Motilal Boid v. Radha Charan Poddar, ILR (1921) 49 Cal 93 ; Khijiruddin Sonar v. Emperor, ILR (1925) 53 Cal 372 ; Dadabuddappa Gouli v. Kalu Kanu Gouli, AIR 2000 Kant 158 (paras 5-8 and 14).''