Broad reading of witness-summoning power in complaint cases upheld for prosecution evidence under criminal procedure law.

Section 244 of the Code of Criminal Procedure was construed broadly to allow the Magistrate, in a complaint case, to hear the prosecution and take all evidence produced in support of its case, including summoning prosecution witnesses on application. A restrictive reading was rejected as inconsistent with the purpose of the provision and liable to cause injustice to the complainant. The earlier decision on court witnesses under Section 311 was distinguished because it concerned a different procedural setting in a private complaint. The complainant was therefore entitled to seek summons to additional witnesses, and the order permitting that course was upheld.

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Issues: Whether the Magistrate could permit the complainant to file an additional list of witnesses and summon them under Section 244 of the Code of Criminal Procedure, 1973.

Analysis: Section 244 requires the Magistrate to hear the prosecution and take all evidence produced in support of the prosecution, and it also empowers the Magistrate to issue summons to prosecution witnesses on application. The provision was construed broadly, and a restrictive reading was held to be inconsistent with the purpose of the section and liable to cause injustice to the complainant. The earlier decision dealing with Section 311 was distinguished because that situation concerned examination of a court witness in a private complaint and required a different approach.

Conclusion: The complainant was entitled to seek summons to the additional witnesses, and the order permitting that course was upheld.

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