High CourtsDivision Bench(1909) 10 MAD CK 0045

In Re: Asadulla Hussain Khan

Madras High Court · Decided on 5 October 1909 · Citation: 4 Ind. Cas. 1043

HON’BLE JUDGES
Munro, J · Abdur Rahim, J

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Judgment

6 paragraphs · 137 words
1.

We answer the first question referred to us in the affirmative. Section 155(2), Criminal Procedure Code, read with Section 529(b) and Schedule

III, II (2) of the Code, can leave no doubt upon the point. As to the second point the Court has, in our opinion, discretion for sufficient reason, to

allow the cross-examination of defence witnesses to be reserved until the chief examination of all of them is over, there being no provision of law to

the contrary. As to whether the defence can reserve cross-examination of the prosecution witnesses, it is to be observed that when a charge is

framed, the defence has the right u/s 256, Criminal Procedure Code, to re-call and cross-examine any of the prosecution witnesses. In any other

case the matter would be one for the discretion of the Court.