(1.) THE following question has been referred to the Full Bench: Question:
(2.) THE question, therefore, for determination is whether in a warrant case an accused person has absolute right of cross -examination before the framing of the charge. The decision of this question mainly depends on the interpretation of the words, "take all such evidence as may be produced in support of the prosecution" in section 252 of the Cr. P. C. This section falls in chapter 21 of the Code dealing with the trial of warrant cases and reads as follows:
(3.) IT is clear from the reading of this section that right and opportunity for cross -examination of the witnesses must co -exist. If an accused person has a right of cross -examination at a particular stage of proceeding and also had an opportunity of exercising that right it amounts to cross -examination in spite of the fact that he did not exercise that right. Having examined section 33 of the Evidence Act we now turn to section 244 of the Cr. P. C. relating to trials of summons cases.
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