M.H.Beg, J. - (1.) This is an application under Secs. 439/215 of the Cr. P. G. directed against an order committing the applicant and others for trial to the Court of Session for alleged offences under Section 395 I. P.C. The question of law which is involved in this case has resulted in some conflicting decisions on the requirements of the procedure to be followed by Committing Magistrates under Section 207-A of the Cr. P.C. Reliance was placed on behalf of the applicant on a recent decision of this Court in Abdul Aziz v. State 1963 All. L. J 79 : 1963 (I) Cri. L. J. 513. On the other hand, the learned Counsel for the State, R. K. Shukla, has relied on State of U. P. v. Satyavir MANU/UP/0099/1959 , AIR1959 All 408 , 1959 CriLJ795 and on State of West Bengal v. Tulsidas Mundhra 1963 All. L. J. 813 : (1964) (1) Cri. L. J. 443. Other cases were also cited which need not be referred to by me.
(2.) The view taken in 1963 All. L. J. 79 : 1963 (1) Cri. L. J. 513 may be considered to have been overruled by the view taken by the Supreme Court of India in the case of 1963 All. L. J. 813 : 1964 (1) Cri. L. J. 443.
(3.) It is, however, desirable that in those cases where the prosecution case depends upon the evidence of identification, the committing Magistrate should examine witnesses if only for the purpose of giving them an opportunity of identifying accused persons. Otherwise, the argument would remain open to the accused persons whether there is sufficient corroboration of the evidence of identification against the accused in the trial court. Evidence of identification in the trial court is generally corroborated by the evidence of identification in the committing Magistrate's court as well as at a test identification parade conducted during the investigation of the case. If the accused persons are not put up for identification at the intermediate stage, there is certainly room for argument that the corroborative evidence is insufficient. Such an argument would probably not be available to the present applicant because it is alleged that he was known from before and has been named in the first information report.;