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RICHARDS
Emperor – Appellant
Versus
Corporal Allen – Respondent
ORDER
Richards, J. - This is an application for the issue of a Commission to take the evidence of certain Mr. H. Frost at present residing at Hiawatha, 73 Belle Vue Road, South-bourne on Sea, England. Section 503 of the Code of Criminal Procedure provides for the issue of a Commission in criminal cases in India where the witness is residing in India or in the territories of any prince or chief in India. There is no provision in the Code for the issue of a Commission for the examination of a witness in criminal cases residing elsewhere. In the case of Empress v. S. Moorga Chatty (1) it was admitted that there was no authority for granting a Commission in criminal case. One of the learned Judges at page 369 pointed out that there was a deficiency in the Indian Law in this respect and he expressed a hops that such a deficiency would be supplied. The learned Counsel on behalf of the accused has admitted that there is no authority for the issue of a Commission. He asks, However, for leave to amend his application and prays that instead of a Commission a letter of request may be sent by this Court to the Supreme Court of Judicature in England. The Criminal Procedure Code makes no provisio
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