MOHANLAL Vs. STATE

JUDGEMENT

(1.) THIS is a reference by the District Magistrate of Jodhpur, and has arisen in the following circumstances.

(2.) A case under Section 353, I. P. C. , was pending against Mohanlal in the Court of the Tahsildar Magistrate, Bilara. As the Tahsildar Magistrate had only powers of a third class Magistrate, the case was ordered to be transferred to the Court of the Sub-divisional Magistrate at Jodhpur. When the case came to the Sub-divisional Magistrate, the accused applied under proviso (a) to Section 350, Sub-section (1), Criminal P. C. , that the witnesses, who had been examined by the Tahsildar Magistrate, should be resummoned and re-heard. The Sub-divisional Magistrate, however, without assigning any reasons, dismissed the application saying that he did not consider it desirable to start the trial de novo. Thereupon, there was a revision by Mohanlal before the District Magistrate, and he has recommended that the witnesses should be re-summoned and re-heard, as the Magistrate was not justified in refusing to re-summon and re-hear the witnesses.