Bapna, J. - (1.) THIS is a reference by the learned District Magistrate of Nagaur.
(2.) IN a case pending before the learned Extra-Magistrate of Nagaur, the Magistrate refused the application of Shri Gambhirmal who was cited as a witness, to exempt him from attendance in court. The exemption was claimed in view of the order of His Highness the Maharaja of Jodhpur published in the Jodhpur Government Gazette dated 15th March 1934. On revision the learned District Magistrate has observed that although the order of the Maharaja was not under any provisions of the Code, yet as it emanated from a sovereign authority at the time when the authority had jurisdiction, it should be respected. The view taken by the learned District Magistrate is not correct. There is a provision in the Code of Criminal Procedure for dispensing with the attendance of witnesses and that provision is contained in sec. 503 Cr. P. C. If the conditions of that section are not satisfied, a witness is not entitled to claim exemption. The order of His Highness the Maharaja of Jodhpur being inconsistent with the provisions of the Code which is now in force cannot be upheld. The reference is, therefore, not accepted and the case is sent back to the Court of Extra-Magistrate for proceeding further according to law. .;