SHAFI Vs. AMIR CHAND

JUDGEMENT

(1.) THIS is a reference made by the Sessions Judge of Udhampur, recommending that the order of the Additional District Magistrate, Udhampur, dated 29 -9 -1965 summoning the witness named by the prosecution in its application dated 15 -5 -1965 under section 540, Cr. P. C, is erroneous and should be set aside.

(2.) THE facts which gave rise to this reference, briefly stated, are these : -

(3.) THESE two rullings have no application to the present case. In the instant case the complainant had examined certain witnesses in support of his complaint and had closed his evidence. On the next date of hearing the complainant found that a witness who was acquainted with the facts of the case was left out and made an application that his statement be recorded. Under section 252, Cr. P. C the Magistrate is bound to ascertain from the complainant the names of any persons likely to be acquainted with the facts of the case and he may summon to give evidence before him such of them as he thinks necssary. Section 252, Cr. , P. C. reads as under : -