Law:

Section:

Criminal Procedure Code (V of 1898), Ss. 208, 211 & 212­Commitment proceedings-Magistrate passing order of committal without considering defence-Commitment order illegal-Order set aside. The committing Magistrate directed the. accused to put in' a list of defence witnesses within two days but holding that section 208 of the Criminal Procedure Code was to be read with section 212, Criminal Procedure Code, proceeded to commit the accused for trial by Court of Session before a list of defence witnesses was put in before him. Held, that the commitment order was illegal. The right to cite and examine witnesses under section 208 is independent of the list of witnesses to be put in under section 211, and section 212 refers to the list of witnesses required to be put in under section 211, Cr. P. C., anal not to the right of citing witnesses under section 208 of the Code. The accused may put in a list of witnesses under subsection (1) of section 208 and on such an application being put in, the Magistrate is bound under subsection (3) of section 208 to issue process unless for reasons recorded he deems it unnecessary. This is a mandatory provision of law and a commitment made without such compliance is illegal. Jhana v. Emperor A I R 1934 Lah. 610 ; Emperor v. Nga Khaing and another A 1 R 1928 Rang. 299 ; Emperor v. Channing Arnold 17 1 C 813 ; Jaswant Singh and others v. King Emperor A I R 1924 All. 3'17 ; Queen-Empress v. Ahmadi I L R 20 All. 264 and Emperor v. Muhammad Hadi I L R 26 All. 215 ref. Moonda etc. v. The State P L D 1958 S C (Pak.) 275 fol: JUDGMENT Abbas Shah, Dosa, Nazar, Shera and Yara accused were before Malik Abdur Rahman, Magistrate 1st Class, Hafizabad, on a charge under section 302, P. P. C., read with section 149, P. P. C., for commitment under Chapter XVIII of the Code of Criminal Procedure. Their counsel requested the learned Magistrate on the 15th February 1958, to examine some witnesses on behalf of the accused under section 208 of the Code. The learned Additional Public Prosecutor opposed this request and argued that the only such witnesses could be examined for the defence under section 208 of the Code as were present; arid as no names…

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