Shinghal, J. - (1.) The point for consideration in these appeals by special leave is whether affidavits sworn or affirmed before Magistrates who are not in seisin of the case under Section 145 of the Code of Criminal Procedure, hereinafter referred to as the Code, could be read in evidence under that Section The High Court has held such affidavits to be inadmissible in evidence, in its impugned judgments D/17-9-1971 and October 7, 1971, and that is why the present appeals by special leave have arisen at the instance of the aggrieved parties.
(2.) It is not in controversy that in the absence of any specific provision to the contrary in the Code, the affidavits have to be sworn or affirmed in accordance with the provisions of the Oaths Act, 1873. It is also not in controversy that the Oaths Act of 1969 has no application to the controversy.
(3.) Sub-section (1) of Section 145 of the Code provides, inter alia that the Magistrate making an order under it shall require the parties concerned in the dispute to attend his court in person or by pleader and to put in such documents, or to adduce, "by putting in affidavits, the evidence of such persons" as they rely upon in support of their claims. The affidavits contemplated by the sub-section are therefore evidence for purposes of the proceedings before the Magistrate concerned even though the Evidence Act does not apply to them by virtue of the express provision of Section 1 of that Act.;