THIRUPALIAH Vs. IN RE

JUDGEMENT

(1.) In C.C. No. 2 of 1964, the Public Prosecutor filed a complaint against one Thirupaliah complaining of an offence under Section 500 I.P.C. for having defamed a Government servant viz., Tahsildar in the discharge of his duties. In that case, the accused cited defence witnesses. The learned Addl.Sessions Judge, Cuddapah has passed an order directing the accused to deposit reasonable charges for the defence witnesses. The Petitioner filed this petition to revise the above order.

(2.) The learned Additional Sessions Judge passed the order on the basis of Section 257 (2) Cr.P.C. It is mentioned in the said section that the Magistrate may require reasonable expenses of witnesses to be deposited in the Court. Rule 384 of the Criminal Rules of Practice runs as follows:

(3.) The complaint was filed by the Public Prosecutor under Section 193-B of the Crl. P. C. Sub-section (3) of that section rvns as follows:- Crl. R. C. No. 243 of 1965 Crl R. P. No. 220/1965. D/ 13-7-1965.