HET RAM Vs. STATE

JUDGEMENT

(1.) BY his order dated 8-8-1975 Hon. H. N. Seth, J. has referred the following question to a Division Bench:

(2.) THE relevant portion of Section 107 of the old Criminal Procedure Code may be reproduced as follows:

(3.) OUR answer to the question will, therefore, be that the procedure under Section 107, Cr. P. C. does not get vitiated merely because while issuing process the Magistrate has acted upon the statement of the party or his witnesses while purporting to have done so under Section 202, Cr. P. C.