Law:

Section:

Keywords: Necessity, Call, Place, Orders, Order, Examination, Set Aside, Question Of Law, Connotation, Appearance, Notice, Grounds, Evidence, Defence, Prosecutor, Discretion, Procedure, Petition, Illegal, Leave To Appeal, Magistrate, Prosecution, High Court, Question Of Fact, Leave, Failure, Quashment, Information, Certificate Result: Petition dismissed JUDGMENT This application in revision arises in somewhat peculiar circumstances. The applicant is facing his trial under section 302 read with section 34, P. P. C. along with two others. Mr. Wahab Khan who appears for him did not originally appear as his counsel in the Court of Session but was engaged on the 18th of February 1971. When he studied the case he felt that the proper defence to be put forward on behalf of the accused should be one of grave and sudden provocation. In the course of taking instructions, however, he learnt from his client that he had not been examined by the leamed committing Magistrate at all and that his signatures have been obtained by the Bench Clerk on a typed paper. With a view to verifying whether or not this was so, counsel inspected the file and did find that in fact there was a statement purporting to be the statement of the accused and in fact signed by him but not signed by the Magistrate at all. The nature of the statement was such that counsel felt that it would run counter to the defence that he wished to make out. For that reason and also in order to bring the fact of its not having been signed by the Magistrate to the notice of the Judge he made a statement in writing to the Court of Additional District Judge, on 22-2-197i. I deliberately refrain from saying that he made an application as there was no prayer in the said statement for any kind of action; the attention of the Court was drawn to the actual state of affairs and the statement concludes by stating: "On getting this information, he undersigned with a view to confirm the said statement of the accused submitted an application for inspection of the file on 19-2-1971 and perusing the record was.further surprised to find that the statement of the accused Farzand Ali under section 342, Cr. P. C. and the certificate…

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