RAJARAM PATTNAIK, LATE SASANKA SEKLTAR PATTNAIK Vs. K.K. AYYAR, SECRETARY INDIAN METALS AND FERRO ALLOYS LTD., REPRESENTED BY ITS COMPANY

JUDGEMENT

(1.) HEARD the learned Counsel for the Petitioner and the learned Counsel for the opp. party . On their consent this matter is finally disposed of at this stage.

(2.) SECTION 312, Code of Criminal Procedure corresponds to Section 544 of the Code of Criminal Procedure, 1898. Exercising the power available under that Section the State Government framed "The Orissa Criminal Court witnesses (Payment of Expenses) Rules, 1963" for payment of expenses to witnesses appearing in the criminal courts. In view of the provisions of Section 484 (2)(b), Code of Criminal Procedure, the said rule continues to remain in force. Under Rule 3 (a)(ii) of the said Rules criminal Court is to make payment to the witnesses of their expenses where the offence alleged is a non -bailable one. In view of the above position of law and as the offences for which the Petitioner has been charged include offences Under Section 408 , 468, I.P.C. which are non -bailable in nature, the order passed by the learned J.M.F.C. cannot be supported and, as such, the same is set aside.