RAM KHELAWAN BHAGWATI Vs. SUNDER NANKAU

JUDGEMENT

(1.) THIS reference arises out of the proceedings under Section 145 of the Code of Criminal Procedure. Ram Khelawan the petitioner, applied to the Magistrate for summoning the Lekhpal for filing an affidavit in that case. The Magistrate disallowed the prayer on the ground that under the existing law, there was no provision for summoning a witness for giving evidence in a case under Section 145 of the Cri. P. C. In the revision filed against that order, the Sessions Judge, Lucknow, did not agree with that view. So, he made a reference to the High Court recommending that the order of the Magistrate be quashed, and he be directed to decide the application of Ram Khelawan for summoning the Lekhpal on the merits. The reference came up for hearing before Brother Misra. J. He thought that the view expressed by Desai, J. (as he then was), in the case of Bhagwat Singh v. State, AIR 1959 All 763, that the Magistrate can summon only those persons for examination whose affidavits have been put in, needed reconsideration. So, he referred the matter to a Bench, in these circumstances, this reference has come up for hearing before us. We have heard Sri Chauhan, Counsel for the opposite parties. Nobody, however, appeared from the side of the applicant in spite of sufficient service. Since the matter was of some importance, we also called upon the Government Advocate to address us.

(2.) IN AIR 1959 All 763 (Supra) Desai, J. interpreting the provisions of sub-sections (4) and (9) of Section 145 of the Criminal P. C. observed:

(3.) FOR finding out the real intention of the Legislature, we propose to examine in detail the provisions of Section 145 of the Criminal P. C. as they stand after the amendment by Act 26 of 1955. The section reads: