KASHINATH DAS Vs. KALIPADA DAS

JUDGEMENT

(1.) The petitioners complained against the order of commitment made by the learned Magistrate on 30-3.1951, wrongly described as 30-1-1951. The petitioners by that order were committed to the Court of Session under Section 395, Penal Code, The order of commitment is one of those omnibus and rolled-up orders of committal which have become very frequent in these days but which nevertheless are in complete disregard of the statutory provisions contained in Sections 211, 212 and 213, Criminal P. C. Here in this order of committal, first, charge is framed, then the petitioners are committed to recite that the charge is read over and explained to the accused. Thereafter the accused are stated to have been called upon to furnish a list of persons whom they want to be summoned on the trial to give evidence on their behalf and then towards the end after having taken a list of witnesses the learned Magistrate records:

(2.) On this ground alone the commitment order should be set aside.

(3.) Two other points have been urged before us, one is that the examination of the accused under Section 209, Criminal P. C. had taken place at a time not justified by the terms of Section 209, Criminal P. C., the other is that under Section 208, Criminal P. C., some of the witnesses intended to be called by the defence on behalf of the accused were not allowed to be called by the Magistrate because they had been examined already and cross-examined as prosecution witnesses. It is not necessary for us in this case to decide these two points as we are satisfied that on the first ground the petitioners should succeed.