DEBABRATA MOOKERJEE, J.

( 1 ) THIS is a petition for revision of an order of a residency Magistrate, dated the 10th November, 1956, by which he gave leave to the complainant in a summons case to examine a witness whose name did not appear in the list of witnesses already filed under Section 204 (1-A) of the Code of Criminal Procedure. The Magistrate seems to be of the view that the production of evidence which he has allowed is necessary in the interests of justice.

( 2 ) THE only question in this case is whether it is open to the complainant to produce a witness for examination at the trial of a summons case, whose name has not been included in the list of witnesses furnished under Section 204 (1-A) of the Code. That section appears in Ch. XIV of the Code of Criminal Procedure, and the section provides that no summons or warrant shall be issued against an accused under Sub-section (1) of Section 204 until a list of the prosecution witnesses has been filed. The Chapter relates to commencement of proceedings before Magistrates. After the proceedings have commenced, a summons case will be tried according to the procedure laid down for the trial of summons cases and a warrant ca?e i

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