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1954 Supreme(Raj) 49

BAPNA, SHARMA
Rewa Chand – Appellant
Versus
State – Respondent


Advocates Appeared:
Vasudeo Mangharam, for Petitioner; C.B. Bhargava, Dy. Govt. Advocate

BAPNA, J.—This is the revision by the accused against an order of the Special Judge, Jaipur City, dated 7th August, 1953.

2. The petitioner was a filed Inspector in the Department of the Deputy Custodian, Jaipur. He is being prosecuted for an offence under sec. 4 of the Prevention of Corruption Act in the court of the Special Judge (Sessions Judge), Jaipur. The challan mentioned eight witnesses to be examined in support of the prosecution, and after examining certain witnesses, a charge was framed against the accused on the 10th December, 1952. The prosecution witnesses were then cross-examined, and the public prosecutor made an application on the 23rd of July, 1953, that Shri Trilochan Datt, who, as Deputy Custodian, had sanctioned the prosecution of the accused may be summoned as a witness for the prosecution. The learned Special Judge accepted the prayer, and directed summons to be issued.

3. In this revision it is contended that a new witness not mentioned in the challan cannot be allowed to be produced according to the language of sec. 256 of the Code of Criminal Procedure. This was the view taken by a Single Judge of this Court in Premraj vs. The State (1) (AIR 1952—Raj. 55.),












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