The list of witnesses is provided by prosecution in criminal cases. Usually a list of witnesses along with challan is forwarded to the prosecution department by the SHO of the concerned police station which is further forwarded to the trial court by the prosecution department.
When list is not given, the names of witnesses are mentioned in the challan and the same are summoned in the court at the time of evidence. If a witness is not mentioned in the list provided by the prosecution or in the challan then he can be summoned to the court also on an application by either of the parties.
However, if a person is not a private witness and is not mentioned in the list then such person will be treated as court witness which will be cross examined by both the parties in the court.
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