Legal Provisions of Section 242 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Evidence for prosecution:
On the date fixed for hearing, the Magistrate shall take evidence which may be produced by the prosecution. The prosecution, however, is not bound to produce all witnesses mentioned in the FIR. Only material witnesses considered necessary by prosecution for unfolding the prosecution case need be produced at this stage without unnecessary and redundant multiplicity of witnesses.
ADVERTISEMENTS:
The provisions of this section being mandatory, the Magistrate cannot refuse to examine other witnesses after examining some of them on the ground that their evidence cannot improve the matters and order of acquittal.
It is improper on the part of the Magistrate to close the prosecution evidence or to dismiss the case on the ground that the witnesses against whom process was issued did not turn up on the date of hearing. Once the Court issues process against the witnesses it is the bounden duty of the Court to enforce their attendance.
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It has been held that if the cases are dismissed because of wilful default of witnesses, then a situation may arise when the Court as well as the party shall be at the mercy of the witnesses and this would undoubtedly defeat the ends of justice.
ADVERTISEMENTS:
The Supreme Court in State of Karnataka v. Annegowda held that the cross- examination of witness could be deferred until all material witnesses were examined by the prosecution. Therefore, common trial and clubbing of cases registered against accused was not permissible.