Vyas Dev Misra, J. (Oral ).

( 1 ) A recommendation has been made by the Additional Sessions Judge, Delhi, for quashing the order of the Magistrate, dated 17th April. 1969, refusing tore- cord the statement of Parama Nand on behalf of the complainant Hari Chand had filed a complaint under section 323, IP. C against Gopal Krishan and five others. He had submitted a list of witnesses under section 204 (1-A) C. r. P. C. , before the summons were issued to the accused. In that list the name of Parma Nand was not mentioned. Later on, during the trial on 17th April, 1969, Prem Pal was examined and the complainant requested the Court to examine Parma Nand also who was present in Court. This request of the complainant was turned down by the trial Magistrate on the ground that his name was not mentioned in the list of witnesses. The complainant thereafter went in revision to the Sessions Judge.

( 2 ) THE only question to be decided by me is whether a person whose name is not mentioned in the list of witnesses put in under section 204 (1-A), Criminal Procedure Code. , can be examined by the Magistrate, ill the instant case, the Magistrate was recording the statements of witnesses under sectio

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