STATE Vs. PREMNARAIN

JUDGEMENT

(1.) THESE are three references under Section 438 of the Code of Criminal Procedure by the District Magistrate, Raisen, in three cases raising the same point.

(2.) THREE Criminal Cases (No. 106 of 1961 State v. Kanhaiyalal; No. 111 of 1961, State v. Premnarain; and No. 113 of 1961 State v. Kashiram) were put up by the police in the Court of the Magistrate First Class, Bareli. All these are warrant cases. After framing charges, the Magistrate fixed them for recording prosecution evidence, directing the police to produce the witnesses. The Assistant Police Prosecutor requested the Court in writing to summon the witnesses as the police had no authority under the Code of Criminal Procedure to produce its witnesses. On the other hand, the trial Magistrate said that the Court had no power to summon the witnesses for the prosecution, as the cases were being tried under Section 251 -A of the Code.

(3.) THERE appears to be no provision in the Code of Criminal Procedure which empowers the police to compel attendance of witnesses before Magistrates. What is more, Section 171 of the Code forbids a police officer to accompany the complainant or any witness.