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1923 Supreme(Mad) 155

O.FIELD
Ponnusami Odayar – Appellant
Versus
Ramasami Thathan – Respondent


JUDGMENT

Walter Salis Schwabe, K.C., C.J.

1. This Criminal Revision case has been referred to the Full Bench on the question whether in summons cases the provisions of Section 342 of the Code of Criminal Procedure, are to be applied, that is, is the Court bound, for the purpose of enabling the accused to explain the circumstances appearing in the evidence against him, to question him generally on the case after the witnesses for the prosecution have been examined and before he is called on for his defence. The inconvenience of this course is manifest in view of the pro visions of Section 364 of the Code of Criminal Procedure which re quire the taking down of any such question in full in the language in which the accused is examined, or, where that is not practicable, in the language of the Court or in English, and that the record shall be shown or read to him and, if necessary, interpreted. The great majority of summons cases are of a petty nature and a strict application of the section must necessarily involve a consumption of a large amount of judicial time. We are reliably informed that it would involve a considerable increase in the Magistracy and that, in fact, the section has i









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