BASHIR AHMAD versus STATE
Section 404040 Location of witnesses New page space and case record for tampering with the court, fully qualified under section 404040 and re-examination of witnesses
oner thereafter approached the High Court In revision from the order of the learned Sessions Judge and the Magistrate passed on the application under section 476 of the Code. The learned Chief Justice of the High Court directed the Magistrate concerned to apply his mind to certain aspect of the matter and to make a definite order regarding filing or refusing to file a complaint. The learned Chief Justice refused to inter fere with the concurrent finding of fact arrived at by the Magistrate and learned Sessions Judge. As regards the main grievance of the petitioner that the order directing re‑examination of the witness under section 540 of the Code of Criminal Procedure was illegal, and it should, therefore, be set aside, the learned Chief Justice found no substance in it and refused to interfere with the order directing re‑summoning and re‑examining the witness under section 540 of the Code. The petitioner has tailed to poi n out any legal flaw in the order of the learned Chief Justice, and we our selves see no reason to interfere with the order. Under section 540 o of the Code a Court is fully competent to re‑summon and re‑examine a witness.
The petition is accordingly dismissed.
Petition dismissed.
