JAIGOVIND Vs. LALCHAND

JUDGEMENT

(1.) IN a case of a complaint lodged by Jaigovind against Lalchand in the court of the City Magistrate, Jaipur on the 16th of February, 1950, and transferred to the court of the First Assistant City Magistrate, a petition of Jaigovind for issue of a commission for the examination of two purdanashin ladies was disallowed on the 14th April, 1950, on the ground that under the new Code of Criminal Procedure of Rajasthan it was not permissible to issue a commission for the examination of witnesses in a case of this type. The Magistrate has further referred to the provisions of section 504 of the Jaipur Cr. Procedure Code, by which a purdanashin lady was exempt from personal appearance in a criminal court as a witness and for whose examination it was mandatory for a court to issue a commission. The new Cr. Procedure Code of Rajas-than does not include any such provision as was contained in section 504 of the Jaipur Criminal Procedure Code.

(2.) THE Sessions Judge Jaipur City, upon an application of the complainant, has made this reference with the recommendation that under the provisions of section 503 of the new Cr. Procedure Code, it is permissible for a criminal court to issue a commission for the examination of a witness who is purdanashin lady.