MAN KANWAR Vs. SALEHRAJ

JUDGEMENT

(1.) THIS reference comes on the report of the learned Sessions Judge, Jodhpur dated 23-7-1957.

(2.) THE facts giving rise to it are that in a criminal case No. 371 of 1956 (State v. Salehraj offence under Section 325 I. P. C.) pending in the Court of the City magistrate, Jodhpur, one Mst, Man Kanwar has been cited by the prosecution as a witness. On 30-4-1957 the Prosecuting Sub-Inspector moved an application in the trial court saying that Smt. Man Kanwar was a 'pardahna-shin' lady and therefore a commission should be issued for her examination. This application was turned down by the court with the remark that the witness could come to the court with a 'pardah' and the court would see that the court room would be closed and only the parties and counsel would be allowed to remain there at the time of her examina-tion. Being dissatisfied with this order Mst. Man kanwar filed a revision application in the court of the learned Sessions Judge. The learned Judge has remarked that enforced appearance of the petitioner in the court would entail forfeiture of her dignity and position in the society. He has therefore recommended that the order of the Magistrate should be set aside and the petitioner's request for being examined on commission should be accepted.

(3.) NEITHER party has cared to appear in this Court.