Research › Browse › Judgment

Madhya Pradesh High Court · body

1978 DIGILAW 380 (MP)

Gambhir Singh v. Saligram

1978-04-20

S.J.SURANA

body1978
Short Note : On 6-8-1973, the petitioner filed two applications-one for permission to examine the village Patwari as a witness and the other was for an opportunity to cross-examine the deponents whose affidavits were tendered in evidence on behalf of the non-petitioners. The first application was rejected on the ground that the petitioner had already closed his evidence and that to give an opportunity to him at this stage to adduce additional evidence would result in prejudice to the non-petitioners. The second application was rejected on the ground that there is no provision under section 145 of the Code for that purpose. Aggrieved by these orders, the petitioner approached the. Court of Session, but without any success. Hence, this petition before the High Court. Held : Sub-section (9) of section 145 of the Code gives ample power to the Magistrate seized with a matter under that section to issue a summons to any witness directing him to attend or to produce any document or thing at any stage of the Proceedings. Similarly, under the first proviso to sub-section (4) of section 145 of the Code, the Magistrate may, if he so thinks fit, summon and examine any person whose affidavit has been put in as to the facts contained therein. The learned Sub-Divisional Magistrate was, therefore, clearly in the wrong in observing that the second application for cross-examination of the non-petitioners witnesses who had sworn to certain facts on affidavit, could not be summoned. Since this is the only reason given by him for rejecting this application of the petitioner, the impugned order to that extent deserves to be quashed. Revision allowed.