REWA SHANKER Vs. MANGILAL

JUDGEMENT

(1.) THIS is a complainant's application in revision against the order dated 30-3-1954 of the learned Honorary Magistrate Shri D. Vable rejecting the complainant's request for further examination of the witnesses Under Section 258, Cr. PC

(2.) THE complaint was filed on 31-10-1953 against six persons charging them with having committed offences Under Sections 323, 427 and 454, IPC It was sent to the Court of the Honorary Magistrate on 5-111953. The accused appeared on 19-11-1953 and the case was adjourned to 1-12-1953. The complainant was ordered to file his list of witnesses by 23-11-1953. On 23-11-1953, the complainant filed a list giving the names of three witnesses. It also contained a note that the remaining witnesses will be produced, if necessary. The complainant and his three witnesses named in the list were examined on 1-12-1953. The accused were examined on 22-12-1953. On 31-12-1953, charge was framed against the accused Mangi-Jal and the other accused were discharged and the case was adjourned to 281-1954 for further cross-examination of the P. Ws. The witnesses were cross-examined on that date. The complainant made a request for examining four more witnesses. This was objected to by the accused and the case was adjourned to 11-2-1954. On that date the learned Magistrate did not attend the Court and the case was adjourned to 63- 1954. The complainant and his counsel happened to be absent when the case was called for hearing at 11 a. m. The Magistrate rejected the request for examination of more witnesses and partly examined a defence witness. At that stage, the complainant and his counsel appeared and told the Magistrate that a revision had been filed in the Court of the Sessions Judge against his order disallowing the examination of further witnesses. Thereupon the proceedings were stayed.

(3.) THE learned Sessions Judge dismissed the application in revision.