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1923 DIGILAW 473 (MAD)

In Re: Muthiah Chetty v. Unknown

1923-12-11

WALLACE

body1923
ORDER Wallace, J. 1. No Magistrate or Court can refuse to allow an accused person to cross-examine prosecution witnesses, before charge is framed, and the Magistrates procedure in refusing to allow such cross-examination was most irregular and in contravention of the law. Without going into the larger question whether that procedure has rendered illegal the charge framed on evidence so irregularly taken, I consider that the fairest course to the accused is to cancel the charge and direct that the cross-examination of the witnesses be now permitted. I direct accordingly.