AIR 1975 CALCUTTA 450 ::79 Cal WN 960 ::(1975) 2 CalLJ 170

Calcutta High Court

Hon'ble Judge(s): S. P. Mitra , C.J. AND Nirmal Chandra Mukherji, Bimal Chandra Basak , JJ

(A) Calcutta High Court (Appellate Side) Rules (1957) , Chap.2 R.9— Criminal matters - Chief Justice has inherent power to refer any matter of importance to Full Bench. Criminal P.C. (5 of 1898) , S.561A— Even in the absence in Rule 9 of Chapter II. Appellate Side Rules of a provision corresponding to proviso (ii) to Rule 1 which relates to civil matters, the Chief Justice has inherent power to refer any matter to a Bench of three Judges when the matter is of some importance. The Chief Justice can exercise his inherent power to constitute larger Benches in criminal matters in situations or circumstances envisaged in civil matters by proviso (ii) to Rule 1, Chapter II of the Appellate Side Rules.(Para 29) (B) Criminal P.C. (5 of 1898) , S.200, S.537— Magistrate whether under statutory obligation to enquire whether complainant's witness is present and to record result of his enquiry - Failure whether vitiates proceedings. 1974 Cri LJ 182 (Cal) and 1974 Cri LJ 1079 (Cal), Overruled.1957 Cri LJ 673 (Mad). Dissent from. There is no dispute that under Section 200 it is obligatory on the part of the Magistrate to examine the complainant and his witnesses present, if any, and to reduce the substance of their examination ....