Law: Criminal Procedure Code, 1898

Section: S. 262 read with Ss. 256 & 342

  Criminal Procedure Code (V of 1898), S. 262 read with Ss. 256 & 342-Summary trial of warrant case-Accused under S. 256 entitled to recall prosecution witnesses for further cross examination.   Munna v. Emperor A I R 1939 Nag. 87 rel.   Criminal Procedure Code (V of 1898), S. 497 (5) Bail-Cancellation-Accused's failure to bring defence witnesses--- No ground for cancellation. JUDGMENT   This is a reference made by Mr. Shafiur Rahman, Sessions Judge, Hazara, Abbottabad, recommending that the orders of the trial Magistrate, dated 29th July 1961 and 9th August 1961, be set aside.   2. The facts of the case briefly are that Walidad was challaned under section 379/411, P. P. C. by Nawanshahr Police. The case was tried by Mr. Mohibur Rahman Kayani, Magis trate, First Class (Lawyer Magistrate), Abbottabad, who by his order dated the 21st of December 1960, as is evident from Order Sheet, Serial No. 6, discharged the respondent. On petition by the State against the order of discharge, the District Magistrate, Hazara, set it aside by his order dated the 5th of July 1961, and entrusted the case to Mr. Aman Khan, Special Traffic Magistrate, Hazara, Abbottabad, for further inquiry.   From the record it appears that the case was previously tried as a warrant case, but on remand, Mr. Aman Khan took up the case summarily in view of the small value of the stolen property. The respondent was present in Court on the 13th of July 1961 and the case was adjourned to 26th of July 1961 for the state ments of the prosecution witnesses, and on the last-mentioned date, after the prosecution evidence was recorded, the case was adjourned to the 29th of July 1961 for defence evidence. On the lastmentioned date an application was made by the respon dent to the trial Magistrate, requesting the Court to recall the prosecution witnesses already examined for further cross-exami nation. This application was, however, rejected by the learned trial Magistrate.   Walidad respondent went up on revision to the Court of Sessions Judge, Hazara,Abbottabad, for setting aside the order of the trial Magistrate dated the 29th of July P L D 1962 (W 1961, and the…