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september 1962

Supreme Court of India · 1962-09-11

STATE OF WEST BENGAL vs TULSIDAS MUNDHRA

Citation / case number
SC 1962/36
Court
Supreme Court of India
Petitioner
STATE OF WEST BENGAL
Respondent
TULSIDAS MUNDHRA

Judgment text excerpt

The Supreme Court held that while an accused is not entitled to lead evidence in defense under Section 207A of the Code of Criminal Procedure, 1898, the court retains the power under Section 540 to summon and examine witnesses if deemed essential for a just decision. The Court clarified that the Magistrate is not obligated to examine the accused unless necessary, and the High Court's order to examine the accused was set aside as it was based on an erroneous interpretation of the Magistrate's discretion. Thus, the appeal was allowed, and the High Court's decision was overturned.

STATE OF WEST BENGAL vs TULSIDAS MUNDHRA · Niyam