1952 (7) TMI 14

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....the learned Stationary Sub-Magistrate. Kulitalai that he should examine an officer as a court witness in C. C. Nos. 839 and 840 of 1950. 3. I am unable to see any objection to the course adopted by the learned Stationary Sub- Magistrate. Under S. 540, Cri P. C. a Court has unrestricted powers of summoning a witness. The only restriction is that this power should not be exercised as has be....

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....when examining court witnesses are (1) that the prosecution and the accused are both equally entitled to cross-examine a court witness, and (2) that if the evidence of a court witness is prejudicial to the accused, opportunity to rebut the evidence so given must be given to the accused. 5. Subject to these twin rules dictated by fair-play and justice. I am unable to see any other restriction, w....