THE STATE Vs. ABDUL MAZID AND ORS.

JUDGEMENT

(1.) THIS is an application on behalf of the State purported to be one under Section 439 of the Code of Criminal Procedure against an order of the District Magistrate, Lakhimpur at Dibrugarh, dated 11th January 1961 in an application under Section 435 of the Code of Criminal Procedure.

(2.) IT appears that the police during investigation applied to the District Magistrate to direct die accused persons to be present in a test identification parade proposed to be held by the Police with the assistance of a Magistrate, to which the learned District Magistrate agreed and passed an order to that effect on 3rd of May 1960. It was against this order that the accused persons moved the Sessions Judge contending that it was not within the powers of the Police or the Magistrate to compel the appearance of the accused persons at a test identification parade unless they so desired. The learned Sessions Judge expressed his opinion in the following words:

(3.) ANOTHER factor is that a proceeding under Section 435 or 439 Criminal Procedure Code is contemplated after the accused persons are sent up and a proceeding against a set of persons is pending in a court. These sections are not meant to be applied for the purpose of helping the police in the matter of investigation or holding a test identification parade or the like. In this view, we dismiss the application and the records if called for may be sent down at once and the trial expedited.