REWA CHAND Vs. STATE

JUDGEMENT

(1.) THIS is a revision by the accused against an order of the Special Judge, Jaipur City, dated 7-8-1953.

(2.) THE petitioner was a Field Inspector in the Department of the Deputy Custodian, Jaipur. He is being prosecuted for an offence Under Section 161, Penal Code read with Section 4, Prevention of Corruption Act in the Court of the Special Judge (Sessions Judge), Jaipur. The challan mentioned eight witnesses to be examined in support of the prosecution, and after examining certain witnesses, a charge was framed against the accused on 10-12-1952. The prosecution witnesses were then cross-examined, and the Public Prosecutor made an application on 23-7-1953, that Shri Trilochan Datt, who, as Deputy Custodian, had sanctioned the prosecution of the accused may be summoned as a witness for the prosecution. The learned Special Judge accepted the. prayer, and directed summons to be issued.

(3.) IN this revision it is contended that a new witness not mentioned in the challan cannot be allowed to be produced according to the language of Section 256, Criminal P. C. This was the view taken by a Single Judge of this Court in ? 'premraj v. The State' , and the case was, therefore, referred to a Division Bench.