SUKHLAL Vs. STATE

JUDGEMENT

(1.) The petitioner is an accused in a case under sections 147 and 325 Indian Penal Code pending in the Court of the Judicial Magistrate 1st Class, Delhi. After the close of the prosecution evidence, the petitioner was examined under section 342 Cr. P.C. and when asked whether he wished to examine any defence witnesses, he filed a list of 11 witnesses and wanted them to be summoned. The learned Magistrate passed the fallowing orders :--

(2.) The petitioner is being tried under the procedure prescribed by section 251-A Cr. P.C. as the case against the petitioner has been instituted on a police report and the case is triabe under the warrant-Dcases procedure. Sub-sections (9) and (10) of section 251-A Cr. P.C. provide for the summoning of the defence witnesses. Sub-section (9) reads as follow ;-

(3.) The provisions of sub-sections (9) and (10) of section 251-A Cr. P.C. have to be read with section 544/Cr. P.C. which reads as follows :-