2008 (5) TMI 720 - SC - Indian Laws

Summary

Issues Involved:
1. Whether the complainant can file a supplementary list of witnesses.
2. Whether the Magistrate has the discretion to summon additional witnesses from a supplementary list under Section 244(2) and Section 246(6) of the Cr.P.C.

Summary:

Issue 1: Filing of Supplementary List of Witnesses
The appeal challenges the order of the Patna High Court, which quashed the S.D.J.M.'s decision allowing the complainant to examine five additional witnesses from a supplementary list. The complaint was initially filed u/s 323, 406, 498A of the IPC and u/s 3 & 4 of the Prevention of Dowry Act. The S.D.J.M. had allowed the examination of these witnesses, considering the nature of the case involving continuous offences of torturing a married woman and demanding dowry. However, the High Court quashed this order, stating that the names of these witnesses were not provided as required u/s 204(2) Cr.P.C., and thus a supplementary list u/s 244(2) Cr.P.C. could not be furnished.

Issue 2: Magistrate's Discretion to Summon Additional Witnesses
The Supreme Court examined whether the Magistrate has the discretion to summon additional witnesses from a supplementary list. The Court referred to various High Court decisions, which generally held that the Magistrate's discretion is not fettered by the provisions of Cr.P.C. The Court noted that u/s 244(1) Cr.P.C., the Magistrate shall take all such evidence as may be produced in support of the prosecution. Similarly, u/s 246(6) Cr.P.C., the evidence of any remaining witnesses for the prosecution shall be taken. The Court emphasized that the Magistrate has the discretion to summon witnesses if it advances the cause of justice, provided this discretion is used judiciously and not to harass the accused.

Conclusion:
The Supreme Court concluded that the view taken by the Patna High Court cannot be sustained. The appeal was allowed, and the order of the High Court dated 13.12.2006 was set aside. The S.D.J.M., Bhagalpur, was directed to examine the remaining witnesses from the supplementary list provided by the complainant and proceed according to law.