In Re: Sadayan Chetty and Others

Jackson, J.—A Magistrate has a large discretion u/s 257 of the Criminal Procedure Code and if Kaile Lakshmayya and Others Vs. King-Emperor, goes so far as to hold that once a Magistrate has subpoened witnesses u/s 257, he is bound to compel their attendance although he is satisfied that it is unnecessary for the purposes of justice, I respectfully disagree.

However, in the present case the accused clearly explained that they wanted an adjournment because their Vakil was ill, and as the witnesses were subsequently present there is no apparent reason for not letting them be cross-examined. The sentence is cancelled and the case ordered to be taken up as from when the cross-examination was refused.