Independent power to summon material witnesses applies in commitment proceedings despite no defence-evidence right before commitment.

Section 540 of the Code of Criminal Procedure applies to commitment proceedings under section 207A, because the special commitment procedure does not displace the court's independent power to summon or recall witnesses when their evidence appears essential to a just decision. Although the accused has no right to lead defence evidence before commitment under section 207A, that limitation does not bar resort to section 540. The Magistrate's refusal was treated as an exercise of discretion on the merits, not as a jurisdictional rejection under section 540, and the High Court was not justified in interfering on the footing that section 540 was unavailable.

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Issues: Whether the power under section 540 of the Code of Criminal Procedure applies to commitment proceedings under section 207A of the Code, and whether the Magistrate's refusal to summon defence witnesses or to proceed afresh required interference.

Analysis: Section 207A provides a special and self-contained procedure for commitment on a police report, under which the accused has no right to lead evidence in defence before commitment, unlike proceedings under section 208. That absence of a defence-evidence right does not exclude the court's independent power under section 540, which authorises the court at any stage of an inquiry, trial, or other proceeding to summon or recall witnesses if their evidence appears essential to the just decision of the case. The Magistrate's order showed that he had treated the application as lacking merit and as vexatious and dilatory, rather than as one rejected because section 540 was unavailable. The further reference to examination of the accused under section 342 did not justify reversal, particularly since the examination under section 207A was discretionary at that stage.

Conclusion: Section 540 applies to proceedings under section 207A, and the High Court was not justified in setting aside the Magistrate's order on the footing that he lacked jurisdiction or had failed to consider the matter under section 540. The appeal was therefore rightly allowed and the Magistrate's order restored.

Ratio Decidendi: The special commitment procedure under section 207A does not exclude the court's power under section 540 to summon material witnesses, because that power operates independently wherever the evidence is essential to the just decision of the case.

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