DHANKUWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The facts of this reference made by the learned Sessions Judge of Dhar are that in a case challaned by the Police against Khaji, Jhapda and Shankar in respect of an offence under Section 325, Indian Penal Code the prosecution wanted to examine on their behalf the applicant Dhankuwar. Accordingly summons was issued to Dhankuwar for her appearance in the Court. In response to this notice, Dhankuwar made an application on 14th June 1957 stating that she lived with her father in village Sirsj; that sometime in the past the accused persons had forcibly abducted her; that later on by a warrant issued by the District Magistrate, under Section 552, Code of Criminal Procedure code, she was restored to her liberty, that, therefore, it would be inconvenient and risky for her to appear in the Court; and that her evidence may be recorded on commission. The First Class Magistrate, Kukshi, without making any order on the applicant's application about her evidence being taken on commission, directed her to deposit Rs. 10 as expenses of the Police Constable who will escort her from her residence to the Court. The learned Sessions Judge recommends that this order being illegal, be set aside.

(2.) APPLICATION allowed.