PARMESHWARI DEVI versus STATE AND ANR.

PARMESHWARI DEVI versus STATE AND ANR.

The Magistrate's order requiring the appellant, a non-party, to attend court, make a statement on oath, and answer questions regarding a document was without legal basis under the Criminal Procedure Code and Evidence Act; such person does not become a witness merely by appearing or producing a document unless called as such. The impugned order adversely affecting a non-party is not interlocutory for Section 397(2) CrPC and is therefore revisable.

Parties
Appellant: Parmeshwari Devi; Respondent No. 1: State; Respondent No. 2: Respondent No. 2
Jurisdiction
India
Judgment Date
23 November 1976
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Delhi High Court Judgment Dated April 22, 1975 in Criminal Revision No. 258 of 1974
Outcome
Appeal allowed
Legal Topics
Summoning of Documents, Cross Examination, Revision, Interlocutory Orders
Criminal Procedure Summoning of Documents Cross Examination Revision Interlocutory Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Parmeshwari Devi

Appellant

State

Respondent No. 1

Respondent No. 2

Respondent No. 2

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Delhi High Court Judgment Dated April 22, 1975 in Criminal Revision No. 258 of 1974

Legal Issues

  1. 1 Whether a person summoned under Section 94(1) CrPC becomes a witness and can be examined and cross-examined without being cited as a witness
  2. 2 Whether the order of the Magistrate summoning the appellant for making a statement on oath and answering questions regarding a document was legal
  3. 3 Whether such an order was an interlocutory order, barring revision under Section 397(2) CrPC

Ratio Decidendi

The Magistrate's order requiring the appellant, a non-party, to attend court, make a statement on oath, and answer questions regarding a document was without legal basis under the Criminal Procedure Code and Evidence Act; such person does not become a witness merely by appearing or producing a document unless called as such. The impugned order adversely affecting a non-party is not interlocutory for Section 397(2) CrPC and is therefore revisable.

Court Disposition

Appeal allowed

Orders

  • The impugned orders of the High Court dated April 22, 1975 and the Metropolitan Magistrate dated August 8, 1974 are set aside.