Abdul Jabbar vs Emperor

One of the grounds taken in the application on which this Rule was issued is that the petitioner has been seriously prejudiced by the refusal of the learned Magistrate to summon material witnesses on his behalf, namely, the Court Inspector, Babu Upendra Lal Roy and a Muktear, named Moulvi Fazul Rahman, On examination of the record, it appears that a petition for examination of the two witnesses was put in before the trying Magistrate. The trying Magistrates rejected the application, but did not re-cord as he was bound to, u/s 257, Criminal P.C., his grounds for rejection of his application. We are unable to say that the petitioner has not been prejudiced by the refusal of the Magistrate to examine these witnesses and in that view of the matter, we set aside the conviction and sentence and direct that the matter be reheard after giving the petitioner a suitable opportunity for the examination of the two witnesses named above.