1. The only question which calls for decision in this recommended revision petition is whether affidavits sworn by witnesses and or parties to proceedings under Section 145 of the Code of Criminal Procedure before a Commissioner for Oaths appointed under seeder Section 139(b) of the Code of Civil Procedure can be received as evidence by the competent Magistrate in whose Court the Section 145 proceedings are pending. A Court can only receive legal and admissible evidence in proceedings under Section 145 of the Code of Criminal Procedure. Both sides in this case filed affidavits of witnesses before the trial Court which were attested by an Oaths Commissioner and not by any Court. The deponents did not appear before the Sub-Divisional Magistrate who was trying the case under Section 145 of the Code. I am inclined to think that an Oaths Commissioner appointed under Section 139(b) of the Code of Civil Procedure is competent to allow affidavits being sworn before him in relation only to cases under the Code of Civil Procedure, i.e., Civil cases. For all other cases the authorities competent to administer oaths would be the authorities named in Section 4 of the Oaths Act which pro