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In Re: Ramalinga Odayar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in113Ind.Cas.672; (1929)56MLJ600
AppellantIn Re: Ramalinga Odayar
Excerpt:
- orderreilly, j.1. i do not agree with the additional district magistrate that the provisions of section 231 of the code of criminal procedure are inapplicable to cases to which section 228 applies. under section 231 of the code of criminal procedure the accused had the right to re-call prosecution witnesses after the alteration of the charge even if that alteration could not affect his defence, as the magistrate supposes, and the magistrate had no discretion in the matter. the witnesses whom the accused wishes to re-call will be re-called.
Judgment:
ORDER

Reilly, J.

1. I do not agree with the Additional District Magistrate that the provisions of Section 231 of the Code of Criminal Procedure are inapplicable to cases to which Section 228 applies. Under Section 231 of the Code of Criminal Procedure the accused had the right to re-call prosecution witnesses after the alteration of the charge even if that alteration could not affect his defence, as the Magistrate supposes, and the Magistrate had no discretion in the matter. The witnesses whom the accused wishes to re-call will be re-called.


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