JUDGMENT - (1) This is a reference by the learned Additional Sessions Judge, Khamgaon, recommending that the order passed by the Magistrate Second Class, Khamgaon, ordering that the statements of witnesses recorded by the police in the investigation of a non-cognizable offence under Section 22 of the Cattle Trespass Act should not be made available to the accused who are being prosecuted on charges under Section 379, Indian Penal Code, and Section 22, Cattle Trespass Act, should be set aside. The learned Magistrate held that the statements could not be made avilable to the accused because the offence under Section 22, Cattle Trespass Act, was a non-cognizable offence and could not be investigated by the police without the persmission of the Magistrate. The learned Additional Sessions Judge has, however, held that this ground stated by the learned Magistrate is not correct because under Section 145 of the Evidence Act a witness can be contradicted by his previous statement made by him to the police in the course of the investigation even if a Police Officer was not competent and had no jurisdiction to record that statement. The learned Additional Sessions Judge relied on Ramkishun S

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