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1 - 10 of 11 (0.02 seconds)Section 244 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 252 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
Ramjiwan vs Maddye Khan And Anr. on 31 August, 1951
20. Regarding the legal approach of the learned Sessions Judge in para. 12 of his judgment, the learned Sessions Judge appears to have been influenced in his view by the judgment in Ramjiwan v. Maddye Khan. That is a case where the Court was concerned with the interpretation of Section 252(2) of the Code of Criminal Procedure, 1898. In that case the learned Magistrate passed the order of discharge on the principal ground that the complainant failed to produce Chhajju and Ganga Bux the material witnesses who were mentioned by the complainant as witnesses in his complaint. The High Court after referring to the mandatory provisions of Section 252(2), pointed out that it was the duty of the Magistrate to ascertain from the complainant or otherwise the names of persons likely to be acquainted with the facts of the case and able to give evidence for the prosecution and to summon such of them as thought necessary. It was further observed by the High Court that the learned Magistrate had discharged the accused principally on the ground that Chhajju and Ganga Bux were important witnesses but they were not examined by the prosecution. It was further observed that if the learned Magistrate thought so it was his duty to examine those witnesses under Section 540 of the Code of Criminal Procedure, 1898. By relying on the above observations of the Rajasthan High Court, the learned Judge concluded at the end of para. 12 of his judgment as under: