MOHD SARIFULLAH Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision against the order of the District Magistrate of Agra whereby the District Magistrate purported to act under the provisions of section 503 of the Code of criminal Procedure and directed a Magistrate subordinate to him to examine one Srimati Rohilla khatoon on commission.

(2.) IT appears that a case was pending in the court of Sri Goswami, a Magistrate of the 1st class, agra, in which five persons stood charged with offences under sections 366 and 342 I. P. C. The accused were charged with having abducted Srimati Rohilla Khatoon. The complainant in this case was Sharifullah Khan, the husband of Srimati Rohilla Khatoon.

(3.) SHARIFULLAH Khan applied to the court for summoning Rohilla Khatoon and examining her as a witness in the case on behalf of the prosecution. This application was opposed and Yaqoofa khan, one of the accused in the case who made an application to the Magistrate under section 506 of the Code of Criminal Procedure for examining Srimati Rohilla Khatoon on commission. This application under section 506 Cr. P. C. was moved on the 12th of June, 1952. The learned magistrate fixed the 21st of June, 1952 for orders. On the 21st of June, 1952 when the application came up before the learned Magistrate it was not pressed and consequently the learned Magistrate refrained from making any orders on the application. It appears that on the same date viz. the 21st of June, 1952, Yaqoob Khan moved the District magistrate to order Sri Goswami, who was trying the case in which Rohilla Khatoon was to appear as a witness, not to summon her as a witness but to examine her on commission. The learned District Magistrate allowed this application on the 3rd of July, 1952. He has given no reasons why he chose to direct the examination of Rohilla Khatoon on commission. All that the district Magistrate has said in his order is that it appeared to him desirable in the circumstances of the case that she may be examined on commission.