In Re: Muthiah Chetty - Court Judgment

Excerpt:
criminal procedure code (act v of 1898), section 439 - evidence act (1 of 1872), section 138--criminal trial--procedure--cross-examination of prosecution witnesses--accused, right of, denial of--revision. - orderwallace, j.1. no magistrate or court can refuse to allow an accused person to cross-examine prosecution witnesses, before charge is framed, and the magistrate's procedure in refusing to allow such cross-examination was most irregular and in contravention of the law. without going into the larger question whether that procedure has rendered illegal the charge framed on evidence so irregularly taken, i consider that the fairest course to the accused is to cancel the charge and direct that the cross-examination of the witnesses be now permitted. i direct accordingly.

Judgment:
ORDER

Wallace, J.

1. No Magistrate or Court can refuse to allow an accused person to cross-examine prosecution witnesses, before charge is framed, and the Magistrate's procedure in refusing to allow such cross-examination was most irregular and in contravention of the law. Without going into the larger question whether that procedure has rendered illegal the charge framed on evidence so irregularly taken, I consider that the fairest course to the accused is to cancel the charge and direct that the cross-examination of the witnesses be now permitted. I direct accordingly.