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1927 Supreme(Lah) 179
Lahore High Court
Dalip Singh, J.
Devi Dial & Ors. - Appellants
Versus
Mt Rattan Devi - Respondent
Decided On : 13-12-1927
JUDGMENT
Dalip Singh, J. - This case has been reported by the District Magistrate, Gujranwala, under Section 438, Criminal P.C., The facts are that on a complaint by Mt. rattan Devi the case was being tried by a Bench of Honorary Magistrates as a warrant case under Section 323, I.P.C. Some of the prosecution witnesses were cross-examined, the complainant was not cross-examined at all and a charge was framed against the accused. At this stage the Bench of Honorary Magistrates ordered that the case should be treated as one under Section 352, I.P.C., that is to say, as a summons case and refused to allow the accused to further cross-examine the prosecution witness. It is obvious that the accused may have been considerably prejudiced by this and in the circumstances I direct that the Bench of Honorary Magistrates allow the accused to cross-examine all the prosecution witnesses that they may wish to and then the case will be disposed of according to law.
2. The reference is accepted accordingly
