STATE OF DELHI Vs. S Y KRISHNASWAMY

JUDGEMENT

(1.) Two points arise for decision in the present case, namely (1) whether a Special Judge appointed under the provisions of the Criminal Law Amendment Act, 1952, can exercise the powers conferred by Section 503, Criminal P. C.; and (2) whether the order passed by the learned Special Judge of Delhi declining to issue a commission for the examination of a certain witness should be set aside.

(2.) Mr. K. M. Munahi, Governor of Uttar Pradesh, was cited as a prosecution witness in a case against Mr. Krishnaswamy, I. C. S., and certain other persons, which is pending in the Court of sardar Gurdev Singh, a Special Judge at Delhi. On 22-51954 the Public Prosecutor made an application under Section 503, Criminal P. C., in which he prayed that the personal attendance of Mr. Munshi be dispensed with and that his evidence be recorded on commission as the presence of Mr. Munshi cannot be procured without causing much delay and inconvenience to the witness and without causing dislocation of his public duties as the Governor of an important State. Sardar Gurdev Singh was unable to accede to this request as he was of the opinion that a Special Judge appointed under the provisions of the Criminal Law Amendment Act, 1952, has no power to issue a commission under Section 503, Criminal P. C., and that even if he has that power this is not a fit case in which the said power should be exercised. The State Government has come to this Court in revision and the question for this court is whether the Court below has come to a correct determination in point of law.

(3.) There can be little doubt that it is within the competence of a Special Judge to direct that the personal appearance of a witness be dispensed with and that he should be examined on commission. Sub-section (1) of Section 503, is in the following terms: