BISHESHAR PRASAD Vs. MAHADEO

JUDGEMENT

(1.) THIS Criminal revision is directed against the orders of a first class Magistrate of Basti deciding a case under Section 145 Criminal Procedure Code in favour of the opposite party.

(2.) THE argument advanced is that the Magistrate has exceeded his jurisdiction by examining a witness under Section 540 Criminal Procedure Code and that the proceedings are vitiated by this illegality. In this connection reliance is placed on the decision of a single Judge of this Court in the case of Bhagwat Singh v. State, AIR 1959 All 763 in which it was held that a magistrate who examined witnesses in proceedings under Section 145 Criminal Procedure Code, without their having filed affidavits, acted in contravention of the first proviso to sub -sec. (4) of that section, which permits him only to "summon and examine any person whose affidavit has been put in". I have no quarrel with the principle enunciated in that ruling, as applied in the case that was being considered. That was a case in which the parties had been allowed to examine witnesses who had not put in affidavits; and I am in agreement with the learned Judge in holding that the procedure adopted was clearly not warranted by the provisions of Section 145 Criminal Procedure Code as now amended.

(3.) I am satisfied therefore that no illegality has been committed in the present case and accordingly reject this revision application. Revision dismissed.