MUTYALA KRISHNA MURTHY Vs. STATE
HIGH COURT OF ANDHRA PRADESH
MUTYALA KRISHNA MURTHY
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(1.)THIS revision petition arises out of a proceeding under Section 145 Cr.P.C. The point for decision is very simple, In the course of the trial the petitioner requested the Court to summon certain witnesses whose affidavits were not filed, to prove the contract of sale and the registered sale deed executed by the said witnesses The learned trial Magistrate on the basis of a decision reported in S. Jodh Singh Vs. Mahant Bhagambaradass (1) came to the conclusion that he could not summon the witnesses as prayed for and dismissed the petition for summoning the witnessesi Against that order a revision petition is also filed which was also dismissed and therefore they have come up before this Court with this Revision Case.
(2.)IN my view clause (9) of Section 145 Cr P. C. is not subject to clause (4) and even if it is to be accepted the Magistrate can summon only those witnesses whose affidavits have been filed. The powers conferred on the Court by Section 540 Cr. P. C. remain unaffected- Therefore, the Court has very wide discretion with which it can exercise its powers. The Magistrate is directed to consider this petition and to decide the question whether the summoning of those witnesses would be tor a just decision of the case. I dispose of them accordingly.
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