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1982 Supreme(Mad) 358

PUNNAYYA
Surepalli Venkateswara Rao – Appellant
Versus
State D. S. I. of Police, IV Town P. S. , Vijayawada – Respondent


Advocates Appeared:
T. Bali Reddy, Advocate, for Petitioner.
Additional Public Prosecutor, for Respondent.

JUDGMENT.-

This revision is directed against the order passed by the Fourth Additional Judical First Class Magistrate, Vijayawada in C.F. No. 451 of 1982 in C.C. No. 333 of 1979.

2. The learned Assistant Public Prosecutor filed a memo on 9th February, 1982, requesting the learned Magistrate to issue summons to the clerk of the Court of the VI Additional Judicial First Class Magistrate, Vijayawada to cause production of the acquittance register (pay bill register) from 1st April, 1979 to 11th July, 1980, and recall D.W. 1 for further cross-examination on the basis of the above record. That petition was opposed by the accused. The learned Magistrate allowed the memo. under section 311, Criminal Procedure Code, on the ground that the recalling and re-examination of D.W. 1 is necessary for the production of the acquittance register from 1st April, 1979 to 11th July, 1980, and for confronting D.W. 1 on the point whether the accused can sign in English or not, and it is necessary so that the Court an arrive at the just decision of the case.

3. The learned Magistrate also took the view that the scope of section 311, Criminal Procedure Code, is very wide and any amount of evidence can be addu















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