Section 284 in The Code of Criminal Procedure, 1973
284. When attendance of witness may be dispensed with and commission issued.
(1) Whenever ... course of any inquiry, trial or other proceeding under this Code, it appears to a Court or Magistrate that the examination of a witness
Court can appoint a Commission under Sections 283 / 284 of the Code
of Criminal Procedure 1973 („ CrPC ‟) which ought to have been done ... witness to attend the
Court, the procedure contemplated is under Section 284 CrPC to
examine the witness by the Court Commissioner. For this
under Section 482 Cr.P.C., for
quashment of FIR and entire consequential
criminal proceedings pending before the
trial Court in Criminal Case No.3325 ... 2016
and to allow the application filed by
petitioner under Section 284 Cr.P.C..
Impugned proceedings (ST No.312/2016)
concluded vide order dated
could have unquestionably taken recourse to the provisions of
Sections 284 and 285 CrPC so as to avoid the delay in the matter ... inconvenience to the parties and the witness. Sections 284 and 285 CrPC
read as under:-
Section 284 . When attendance of witness
SC2386 (7)
ACT:
Criminal Procedure Code (V of 1898), ss. 284, 285, 539-
Assessors-Trial with three assessors-Absence of one assessor
during trial-Substitution ... which was commenced under the
provisions of section 284 , Criminal Procedure Code. To a
situation like this we think section 537 cannot be called
alternative he may
coordinate with the said witnesses and find out
Crl.R.P. No.126/2005 Page 26 of 33
dates convenient to them ... request for examination of the witnesses on
commission under Section 284 Cr.P.C. has not been pressed. However,
petitioner's grouse is that
evidence of the applicant is recorded on
commission.
Section 284 of Cr.P.C. reads as under:-
"284. When attendance of witness ... witnesses are recorded by appointing a commission
under Section 284 of Cr.P.C. then the apprehension of the
applicant that
seen from Section 285 Cr.P.C. that if the witness is
within the territories to which the Code extends, the commission shall be
directed ... trials or
warrant-cases under the Code. Under Section 288 Cr.P.C., any commission
issued under Section 284 Cr.P.C., after
Govinda vs State Of Karnataka on 10 April, 2026
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
trial Court could have taken recourse to the provisions of
Section 284 & 285 Cr.P.C. Learned counsel lastly argued that fact
situation ... matter, the Court also dilated on the
provisions of Sections 284 and 285 Cr.P.C. As Dr. I. Yusuf was
residing in Nigeria, therefore