High CourtsDivision Bench(1928) 09 MAD CK 0016

In Re: Ramalinga Odayar

Madras High Court · Decided on 20 September 1928 · Citation: (1929) ILR (Mad) 346 : 113 Ind. Cas. 672 : (1929) 56 MLJ 600

HON’BLE JUDGES
Reilly, J

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Judgment

4 paragraphs · 87 words

Reilly, J.—I do not agree with the Additional District Magistrate that the provisions of Section 231 of the Code of Criminal Procedure are

inapplicable to cases to which Section 228 applies. u/s 231 of the Code of Criminal Procedure the accused had the right to re-call prosecution

witnesses after the alteration of the charge even if that alteration could not affect his defence, as the Magistrate supposes, and the Magistrate had

no discretion in the matter. The witnesses whom the accused wishes to re-call will be re-called.