ISHWARDAS Vs. MADHOSINGH TOMAR

JUDGEMENT

(1.) IN this reference the question involved is regarding the refusal of the Additional district Magistrate, Indore to issue process to some of the witnesses cited on behalf of the complainant.

(2.) THE facts of this case are that a complaint was filed by the complainant Fandit ishwardas under Sections 342 and 392, I. P. C. , against the Deputy Ranger of forest, Indore, Shri Tomar. In the complaint filed by him he had mentioned the names of the witnesses whom he wanted to examine. On 7-6-1956 the complainant and one of his witness Lashkarsingh were examined. This lashkarsingh was in the list initially filed. On that day the complainant was required to pay necessary process for calling the remaining witnesses indicated in the initial list and the case was fixed for hearing on 28-6-1956. The complainant filed process-fees in respect of five witnesses on 26-6-1956. This list included 4 new witnesses whom he wanted to examine. As the process was paid just two days before the date fixed for hearing, no process was issued on that day and the matter was placed for orders on 28-61950. On that day the complainant was absent. A petition was submitted on behalf of the complainant praying for exemption from appearance owing to his illness. This petition for exemption was allowed. The Magistrate on that day also considered the application for examining the witnesses indicated in the list dated 26-6-1956, He rejected the application on the ground that the application for examining these new witnesses was given late and no proper reasons had been shown about the delay. The learned Magistrate therefore closed the complainant's case and fixed the matter for arguments.

(3.) AGGRIEVED by this order the petitioner preferred revision-petition in the Court of session and the learned Sessions Judge has made this reference.