(1.) These references have been made in the above cases to resolve the conflicting decisions of the Single Benches on the controversy, whether a person, who was not an accused in a case, can be summoned under Section 319 of Code of Criminal Procedure on the strength of uncross-examined evidence of a witness/witnesses and without giving opportunity of cross-examination to the accused. The question formulated in the reference made by Hon'ble S. K. Phaujdar, J. in Criminal Misc. application No. 1823 of 1995 is incorporated below :
(2.) Similar reference was made by Hon'ble C. A. Rahim, J. in Criminal Revision No. 447 of 1997.
(3.) As the controversy in the application under section 482 Cr.P.C. and criminal revision is same, both references were heard together and are being answered by this order.