Affidavits sworn before Magistrates other than the concerned District Magistrate or S. D. M. or Magistrate First Class, before whom proceedings under Section 145 Cr. P. C. are pending, are valid and can be considered by him in coming to a conclusion under Section 145 (4), Cr. P. C.

In all the above cases referred to this Court either by the Additional Sessions Judge or by the Principal Sessions Judge, Manipur, under Section 438 Cr. P. C., the common question which arises for determination is whether the affidavits, sworn before any Magistrate, other than the concerned District Magistrate or S. D. M. or Magistrate First Class, before whom proceedings under Section 145 Cr. P. C. are pending, should not be considered by him in coming to a conclusion under Section 145 (4), Cr. P. C.

2. In the above cases, affidavits, sworn before Magistrate, either First Class or Second Class in Manipur, were filed in the proceedings under Section 145 Cr. P. C. before the S. D. Ms. in the various cases. They were not sworn before the concerned S. D. Ms. before whom the proceedings were pending. The S. D. Ms. relied on them and passed orders under Section 145 (4) Cr. P. C. The aggrieved parties assailed the orders in revision before the Sessions Court, Manipur. The Additional Sessions Judge relied upon the decision reported in Hemdan v. State of Rajasthan, AIR 1966 Raj 5 and held that the affidavits, which were sworn before some other Magistrates, could not be received as evidence under Section 145 (4) Cr. P. C. and referred the cases to this Court for quashing the orders of the S. D. M. In the cases referred to this Court by the Principal Sessions Judge, the counsel for the revision petitioners also raised the same point in this Court.

3. The question for determination is whether affidavits sworn before Magistrates, other than the concerned District Magistrate or S. D. M. or Magistrate of the First Class before whom proceedings under Section 145 Cr. P. C. are pending, cannot be admitted as evidence and perused by him under Section 145(4) Cr. P. C.

4. There are some provisions in Criminal Procedure Code which permit parties to file affidavits in certain cases :

(a) Under Section 74, when a summons issued by a Court is served outside the local limits of its jurisdiction, and in any case where the Officer who has served a summons is not present at the hearing of the case, an affidavit purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by Section 69 or Section 70) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.

(b) Under Section 145 (1), whenever a District Magistrate, Sub-Divisional Magistrate or Magistrate of the First Class makes an enquiry regarding a dispute concerning land etc., which is likely to cause a breach of the peace, he shall make an order in writing inter alia directing the parties to put in written statements and send documents or to adduce, by putting in affidavits, the evidence of such persons as they rely upon in support of their claims. Under subsection (4) of Section 145 Criminal Procedure Code he should, without reference to the merits or the claims of the parties to a right to possess the subject of dispute, peruse the statements, documents and affidavits, if any, so put in, hear the parties and conclude the inquiry, as far as may be practicable, within a period of two months from the date of the appearance of the parties before him.

(c) Under Section 499 (3), for the purpose of determining whether the sureties are sufficient under Section 499 (1), Criminal Procedure Code, when an accused is released on bail on his own bond and the bond of sureties, the Court may, if it so thinks fit, accept affidavits in proof of the facts contained therein, relating to the sufficiency of the sureties or may make such further inquiry as it deems necessary.

(d) Under Section 510A, the evidence of any person whose evidence is of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial o