Sureshwar Thakur, J.

These petitions stand directed against the impugned orders recorded by the learned Judicial Magistrate, 1st Class, Kasauli, on applications moved there before, by accused Udham Singh under the provisions of Section 315 Cr.P.C, provisions whereof stands recorded hereinafter:

“315. Accused person to be competent witness. (1) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial: Provided that –

(a) he shall not be called as a witness except on his own request in writing;

(b) his failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against himself or any person charged together with him at the same trial.

(2) Any person against whom proceedings are instituted in any Criminal Court under section 98, or section 107, or section 108, or section 109, or section 110, or under Chapter IX or under Part B, Part C or Part D of Chapter X, may offer himself as a witness in such proceedings:

Provided that in proce