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.