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In Re: Kolli Appiah and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in13Ind.Cas.832
AppellantIn Re: Kolli Appiah and ors.
Excerpt:
criminal procedure code (act v of 1898), section 476 - order passed before cross-examination of prosecution, witnesses--illegality. - orderralph benson, j.1. the public prosecutor conceded that the magistrate's order under section 473, criminal procedure code, was made before the witnesses for the prosecution had been cross-examined on their evidence that the search list was a 'false one' and before the defence had any opportunity to show that the search list was not a false one. this action was obviously premature and wrong. cross-examination might have shown that the prosecution evidence was untrustworthy, or its truth might have been disproved by other evidence.2. again, the magistrate's order is open to objection in that it does not specify or even indicate in any way, how or in what respect the search list was 'a false' one. the magistrate's order under section 476 is, for these reasons, improper and is set aside.
Judgment:
ORDER

Ralph Benson, J.

1. The Public Prosecutor conceded that the Magistrate's order under Section 473, Criminal Procedure Code, was made before the witnesses for the prosecution had been cross-examined on their evidence that the search list was a 'false one' and before the defence had any opportunity to show that the search list was not a false one. This action was obviously premature and wrong. Cross-examination might have shown that the prosecution evidence was untrustworthy, or its truth might have been disproved by other evidence.

2. Again, the Magistrate's order is open to objection in that it does not specify or even indicate in any way, how or in what respect the search list was 'a false' one. The Magistrate's order under Section 476 is, for these reasons, improper and is set aside.


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