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In Re: Asadulla HussaIn Khan - Court Judgment

LegalCrystal Citation
Decided On
Reported in4Ind.Cas.1043
AppellantIn Re: Asadulla HussaIn Khan
criminal procedure code (act v of 1898, sections 155, 190 and 256 - non-cognizable offence, information of--powers, of the police--no complaint or police report--magistrate's order to investigate--jurisdiction--evidence--reserving cross-examination of witness--practice. - .....witnesses. in any other case the matter would be one for the discretion of the.....

1. We answer the first question referred to us in the affirmative. Section 155(2), Criminal Procedure Code, read with Section 529(b) and Schedule III, II (2) of the Code, can leave no doubt upon the point. As to the second point the Court has, in our opinion, discretion for sufficient reason, to allow the cross-examination of defence witnesses to be reserved until the chief examination of all of them is over, there being no provision of law to the contrary. As to whether the defence can reserve cross-examination of the prosecution witnesses, it is to be observed that when a charge is framed, the defence has the right under Section 256, Criminal Procedure Code, to re-call and cross-examine any of the prosecution witnesses. In any other case the matter would be one for the discretion of the Court.

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