Magistrate in as much as the proviso to
sub-section (3) of Section 242 Cr. PC confers similar discretion on
the said court as well ... witnesses to a subsequent date.
Though sub-Section (2) of Section 231 and proviso to
Section 242(3) of Cr. P.C. give a discretion
order would
prejudice his right since the proviso to sub-
section (3) of section 242 of Cr.P.C. gives an
authority to the Magistrate ... statutory right
of the accused, as proviso of sub-section (3) of
section 242 of Cr.P.C. permits the cross-
examination of any witness
further cross
examination.”
(Emphasis supplied)
The phraseology of Section 231(2) mirrors Section 242(3)3 of the
Cr.P.C. which provides ... cross
examination of particular witness(es) in terms of Section 231(2), or
Section 242(3) Cr. PC, it must inform the presiding judge
documentary evidence."
13. Thus it is clear that sub-section (3) of section 242
casts a mandatory duty on the Magistrate to take ... question
involved in this case. In my considered opinion sub-section (3)
of section 242 of Cr.P.C. in unmistakable terms confers power
Apex Court held that the
phraseology of Section 231 (2) of Cr.P.C. mirrors Section 242(3) of
Cr.P.C. of which provides ... cross-examination of
particular witness(es) in terms of Section 231(2) , or Section 242(3)
CrPC, it must inform the presiding Judge
7814/2022 by which an application filed by complainant under
Section 242(3) of Cr.P.C. has been partially dismissed.
2. The necessary facts ... Section 302 of Cr.P.C., this Court is of
considered opinion that complainant has no right to file an application
under Section 242(3
Shyam Narayan Singh And Ors. vs State Of Bihar on 18 November, 1991
Equivalent citations
issued to the prosecution witnesses. The word 'produced' in Section 242(3) of the Code must be interpreted in right perspective. The presence ... produced' used in Section 251-A (7) of the Code of 1898 which corresponds to Section 242(3) of the Code
follows:-
"13. Thus it is clear that sub-Section (3) of
Section 242 casts a mandatory duty on the
4
Magistrate to take ... said judgment. The language of Section 231 (2) of the Code is in
pari materia with the Section 242(3) and the aforesaid
observations equally
permitted by the Trial Court in exercise of its power under
Section 242(3) of Cr.PC.
6. Section 242 of Cr.PC reads ... documentary evidence."
13. Thus it is clear that sub-Section (3) of
Section 242 casts a mandatory duty on the
Magistrate to take
