Ganeswar Paharaj Accused v. King-Emperor Opposite Party.

1. The rule must be made absolute. The Munsif in a proceeding under section 476 of the Cr PC, against the petitioner refused be allow the petitioner to cross-examine the witnesses examined on behalf of the opposite party. He had obviously no right to do so. The accused was called upon to show cause and he had a right to place his case before the Court either by offering evidence on his own behalf or by cross-examining she witnesses on bebalf of the opposite party. The enquiry by the Munsif was therefore not a real enquiry and the order of the Munsif cannot be supported.

2. Looking however into the circumstances of this case we do not think that a further enquiry should be directed.

3. We direct that the whole proceeding against the petitioner should be quashed.

4. Proceedings quashed.