MOHAMMED Vs. MOMAMMED

JUDGEMENT

(1.) This revision is against the direction given by the Magistrate in a private complaint that the last two witnesses in the list viz., witness Nos. 5 and 6 should be examined first. The direction I think, is one without jurisdiction. The prosecution is its own judge of the order in which witnesses are to be produced. (See Munshi Singh v. The State, AIR 1955 Allahabad 197). The court must not interfere with that right of the prosecution. The direction in the circumstances, is wrong, and unwarranted. The order is hence vacated, and the case sent back for trial, and disposal according to law.