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Bhagwat Singh And Ors. vs State Through Udai Bhan Singh And Anr. on 2 March, 1959

In this connection, the applicants in revision have cited Bhagwat Singh v. State, AIR 1959 All 763. With all respect, I note that this judgment does appear to have stated the principle far too widely. I do not also, with all respect, agree with the Allahabad ruling that Sub-section (9) is limited by the proviso to Sub-section (4). The later sub-section is very wide and really enables a party to move the magistrate to issue summons for the attendance of any witness who may or may not be a person putting in an affidavit. The proviso to Sub-section (4) on the other hand, enables the magistrate to summon and examine a person who puts in an affidavit possibly where he finds the affidavit vague or one otherwise calling for some clearing.
Allahabad High Court Cites 3 - Cited by 6 - Full Document
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