Muthia Chetty, In Re

No Magistrate or Court can refuse to allow an accused person to cross-examine prosecution witnesses, before charge is framed, and the Magistrate's procedure in refusing to allow such cross-examination was most irregular and in contravention of the law. Without going into the larger question whether that procedure has rendered illegal, the charge framed, on evidence so irregularly taken, I consider that the fairest course to the accused is to cancel the charge and direct that the cross-examination of the witnesses be now permitted. I direct accordingly.

C.KCharge cancelled.