Magistrate's discretion to allow supplementary prosecution witnesses in warrant cases survives, if the request is bona fide and judicially controlled.

In a warrant case instituted otherwise than on a police report, the Magistrate has discretion under Sections 244(2) and 246(6) of the Code of Criminal Procedure, 1973 to permit examination of prosecution witnesses named in a supplementary list filed after the initial list. That discretion may be exercised where the request is bona fide, advances the cause of justice, and is not prejudicial to the accused or used for delay or harassment. The Magistrate should record reasons and act judicially. Accordingly, additional prosecution witnesses may be allowed before trial closes, subject to proper control of process.

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Issues: Whether the Magistrate has power to permit examination of witnesses named in a supplementary list filed after the initial list of prosecution witnesses in a warrant case instituted otherwise than on a police report.

Analysis: The procedural scheme under Chapter XV of the Code of Criminal Procedure, 1973 permits the Magistrate, after cognizance and during trial, to take such evidence as may be produced in support of the prosecution. Section 244(2) authorises issuance of summons to prosecution witnesses on the prosecution's application, and Section 246(6) contemplates taking evidence of remaining prosecution witnesses before the case is concluded. These provisions were read as conferring discretion on the Magistrate to entertain a supplementary list where the request is bona fide and advances the cause of justice. The discretion, however, must be exercised judiciously with reasons recorded and not in a manner that enables harassment of the accused or dilatory tactics.

Conclusion: The Magistrate does have power to allow examination of additional witnesses from a supplementary list, subject to judicious exercise of discretion in the interests of justice.

Ratio Decidendi: The Magistrate's power under Sections 244(2) and 246(6) of the Code of Criminal Procedure, 1973 is wide enough to permit additional prosecution witnesses before the trial closes, provided the request is bona fide and not prejudicial or abusive of process.

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