https://www.taxtmi.com/caselaws?id=169371 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. en-us Tue, 11 Sep 1962 00:00:00 +0530 Fri, 17 Apr 2015 12:01:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=169371 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. Case-Laws Indian Laws Tue, 11 Sep 1962 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=169371