Bombay High Court
Prakash Supudu Chandhary
Versus
State of Maharashtra
Decided On:

Headnote:Section 56 (1) - "Witnesses are not willing to come forward"-Expression of-Meaning thereof-Every witness should be unwilling to come forward - Power-Can be exercised-Even if some witnesses willing to come forward.

       Section 56 (1) (b)-Exercise of Powers under-Witness should be unwilling to come forward to give evidence-If witness willing to come forward-Person concerned be dealt with under provisions of Indian Penal Code-Bombay Police Act-Recourse of-Not necessary.

       Sections 59 and 56 (1) (b)-Externment proceeding-Person against whom instituted-Entitled to know reason of-Notice-If does not say that witnesses are unwilling to come forward to depose against him-Externment order without jurisdiction-Hence, set aside.

       For Citation : 1993 Mah LJ 816