VAIDYA, J.:- The above criminal revision application raises an important question under S. 6 of the Commissions of Enquiry Act, 1952.

2. The application is filed by the State against an order passed on Sept. 18, 1973 by the Additional Sessions Judge, Thana, overruling an objection raised by the Special Public Prosecutor to a question being asked to the prosecution witness, in Sessions Case No. 36 of 1973, pending before the learned Additional Sessions Judge against the 65 opponents in the above revision application. The said opponents are charged by the learned Additional Sessions Judge under Sections 143, 147, 148, 307, 332, 149, 152 and 353 as mentioned in the charge, with regard to certain incidents which occurred in the communal riots in Bhiwandi in May 1970. It is not necessary to mention, for the purposes of this revision application, the details of the said charge.

3. After the examination-in-chief of prosecution witness No. 1 Jayasingh Sadashiv Nimbalkar, the Police Sub-Inspector was over and in the course of the cross-examination, the witness admitted that he had filed an affidavit before Justice Madon Commission, constituted under the Commissions of Enquiry Act, 19