- (1.) THIS revision has been laid before us on a reference made by Hon'ble C. D. Parekh, J. The facts of the case lie within a narrow compass. The only point which has been canvassed before us is as to whether an affidavit filed in a case has to be sworn before the Court concerned or before any Magistrate,
(2.) THE learned Judge making the reference was of the opinion that if the law was interpreted to him that the affidavit was filed in a Court has to be sworn only before that Court, then it would certainly result in great inconvenience to the person swearing the affidavit and in this view of the matter, the learned Single Judge was of the opinion that the affidavit may be sworn before any authority contemplated under Section 4 of the Oaths Act and it may be looked into as evidence of the party in a litigation under Section 145, Criminal P. C.
(3.) UNDER Section 145 (4), Criminal P, C it is only mentioned that the parties are entitled to file documents and affidavits. The Code of Criminal Procedure does not lay down the mode of swearing the affidavit except Sections 539, 539-A and 539-AA of the Code of Criminal Procedure. A perusal of these three sections makes it abundantly clear that these sections relate to affidavits which are sworn before this Court and, therefore, Section 539-AA lays down that an affidavit to be used before any Court other than a High Court under Section 510-A or 539-AA may be sworn or affirmed in the manner prescribed in Section 539 or before any Magistrate. Section 539, Criminal P. C. lays down: Affidavits and affirmations to be used before any High Court or any officer of such Court may be sworn and affirmed before such Court or the "clerk of the State", or any Commissioner or other person appointed by such Court for that purpose, or any judge or any commissioner for taking affidavits in any Court of record in "india", or any Commissioner to administer oaths in England or Ireland, or any Magistrate authorised to take affidavits or affirmations in Scotland. ;