MADHAV RAO Vs. MOHD ABDUL MATEEN

JUDGEMENT

(1.) This petition is directed against the order dated 11-6-1976 passed by the Munsiff-J.M.F.C., Bidar, in C.C.No.38/3 of 1975. The petitioner is A-1 in the said case and the respondent is the complainant. By the said order the Magistrate has held that the petitioner and the remaining accused are not in law entitled to cross-examine the prosecution witnesses to be examined by the complainant-respondent in support of his case even by virtue of S.145 of the Evidence Act.

(2.) The few facts necessary for a decision in this case may be stated as follows: In regard to an incident the concerned police investigated and filed a charge-sheet. It was registered as CC.No.1060 of 1973. Almost as a counterblast the respondent-complainant filed a private complaint against ten persons alleging offences under Sections 448, 323, 326 and 395, IPC. Cognizance of the offences under Ss.448, 323 and 325 I.P.C. only was taken by the Magistrate against eight persons viz., first three and six to ten mentioned in the complaint as ccused. It was also ordered that the trial in C.C.1060 of 1973 should take place after the trial in the private complaint, which is the one in question.

(3.) As is incumbent under the provisions of the Code of Criminal Procedure, copies of the statements of witnesses examined by the investigating officer in C.C.No.1060 of 1973 had been supplied to the petitioner and the remaining accused. The petitioner and the remaining accused filed an application requesting the Court to call for the file of investigation viz.. the case diary, done by the police, as according to them, they wanted to contradict the prosecution witnesses. That application was disposed of by the order dated 26-3-1976. The Magistrate refused the request for calling the case diary and ruled that as copies of statements of the witnesses recorded during the investigation in the said case are furnished to the accused persons, they are entitled to confront the prosecution witnesses with those in case such a need arose.