JUDGMENT

Coldstream, J. - This application is not opposed. Counsel states that it is necessary to call the trying Magistrate to prove that the witnesses to be cross-examined were the persons who made statements which were recorded under Section 164, Criminal P.C. The records of such statements are presumed to be genuine (see Section 80, Evidence Act) and this fact that the person who made a statement under Section 164, Criminal P.C. is the person in Court can be proved by the police officer who had the statement recorded. This application appears to be frivolous and is dismissed.