Law:

Section:

Criminal Procedure Code (V of 1898)--- ---S. 117 (3)­Order under, can be made only after order under S. 112 has been read over under S. 113 to person present in Court-Order justified only in exceptional circumstances of an emergency. Section 117 contemplates that the order under section (3) shall be passed after the order under section 112 has been made and read out or explained to the defendant under section 113 Cr. P. C. Such an order can only be justified in the exceptional circumstances of an emergency. ORDER NIAZ AHMAD, J.-This is a reference under the pro­visions of section 438 Criminal Procedure Code by the learned Sessions Judge, Mirpur, in which he recommends that an order under section 117 (3) Criminal Procedure Code, dated 20th December, 1953, passed against Comrade Maqbool by the District Magistrate of Mirpur should be set aside on the ground that the order does not satisfy the provisions of that section. I have gone through the record and have heard the Government Advocate. It appears that the District Magistrate proceeded to take action against Comrade Maqbool on the basis of a police report summarising speech made by him on 10th December, 1953. I have not before me as I should have had a copy of the police report on which the District Magistrate has taken action under section 112 Criminal Procedure Code. The District Magistrate did not call the Police Officer in the witness box. Ordinarily the Magistrate should have recorded the evidence on the oath of the Police Officer concerned to verify as it were the applica­tion as a complaint is verified. In this case no application in writing was made to the District Magistrate and he appears to have proceeded on a verbal request of some Police Officer. The District Magistrate has made reference to portions of the accused's speech in his order passed under section 112 Criminal Procedure. It is not possible to judge the possible effect of a speech on the audience unless the speech is read in its entirety. The District Magistrate has selected a few sentences from the whole speech and proceeded to take action against the accused. It is well settled law that in such cases the speech has to be read as a whole…

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