PRITHVI NATH Vs. R C KAUL

JUDGEMENT

(1.) THIS is a revision application against an order passed by the First Addl. Munsiff J. M. Srinagar dated 28-1j72 ,by which he accepted the prayer of the accused-respondent for directing the complainant to be examined as a witness before production of the evidence in the case. This order was upheld in revision by the Section 4 M. Srinagar who refused to make a reference to this Court. The petition arises in the following circumstances.

(2.) THE petitioner-complainant instituted a complaint under Section 500, Ranbir P. C. against the accused before the First Addl. Munsiff J. M. Srinagar, on 17-1-72. The Magistrate took cognizance of the case and summoned the accused. On 28-1-72 the complainant produced one witness, namely All Mohd. in support of his case but the accused took the objection that before taking any further evidence, the court must record the statement of the complainant himself. This objection seems to have found favour with the Magistrate who directed the complainant to be produced in court by his order dated 28-1-72 for recording his statement. The learned Magistrate was of the view that under the provisions of Section 252 (1) of the Criminal P. C. it was incumbent on the court to hear the complainant, which obviously meant that the statement of the complainant had to be recorded, and it was ordered that the complainant should be produced before the court on the next date of hearing. Against this order the petitioner went up in revision before the C. J, M. who agreeing with the learned Magistrate, refused to make a reference to this Court for quashing the order of the Magistrate. Hence this revision petition.

(3.) THE revision petition was heard in the first instance by a single Judge of this Court , D. D. Thakur, J. who found that the point involved was not free from difficulty and he also doubted the decision of this Court in Afzal Beg v. State. AIR 1959 J and K 77 -1956 Cri LJ 978 and accordingly made a reference to a larger Bench. That is how the matter has coma up before the Full Bench.