JUDGMENT P.V. Dixit, J The facts of this reference made by the learned Sessions Judge of Dhar are that in a case challaned by the Police against Khaji, Jhapda and Shankar in respect of an offence under Section 325, Indian Penal Code the prosecution wanted to examine on their behalf the applicant Dhankuwar. Accordingly summons was issued to Dhankuwar for her appearance in the Court. In response to this notice, Dhankuwar made an application on 14th June 1957 stating that she lived with her father in village Sirsj; that sometime in the past the accused persons had forcibly abducted her; that later on by a warrant issued by the District Magistrate, under Section 552, Code of Criminal Procedure code, she was restored to her liberty, that, therefore, it would be inconvenient and risky for her to appear in the Court; and that her evidence may be recorded on commission. The First Class Magistrate, Kukshi, without making any order on the applicant's application about her evidence being taken on commission, directed her to deposit Rs. 10 as expenses of the Police Constable who will escort her from her residence to the Court. The learned Sessions Judge recommends that this order being illegal, be set aside. This reference, which is supported by Mr. Sharma, learned Government Advocate for the State, must be accepted. The order made by the First Class Magistrate, Kukshi, is plainly untenable and cannot be upheld. The learned Magistrate accepted the applicant's statement that she could not come to the Court without any protection. If, therefore, according to the learned Magistrate the applicant did need some protection, then the only order he could have made was either for affording her Police protection at State expense or for her evidence being recorded on commission. There was no justification whatever for directing the applicant to pay the expenses of the protection she needed. The learned Sessions Judge has formed the opinion that in this case a commission ought to be issued for the examination of the applicant. Having regard to the circumstances of the case and to the safety of the applicant I also think that in this case a commission for the examination of the applicant should be issued. The reference is accepted, the order made by the First Class Magistrate, Kukshi, directing the Petitioner to deposit Rs. Having regard to the circumstances of the case and to the safety of the applicant I also think that in this case a commission for the examination of the applicant should be issued. The reference is accepted, the order made by the First Class Magistrate, Kukshi, directing the Petitioner to deposit Rs. 10 is set aside and it is directed that the applicant's evidence shall be recorded on commission. Application allowed.