165.
Power of Magistrate to examine such witnesses.
The Magistrate may in his discretion summon and examine any witness named in any list
given to him under section 164.
166.
Order of Commitment.
(1) If the Magistrate after hearing the witnesses summoned under section 165 is
satisfied that there are no sufficient grounds for committing the accused, he may
cancel the charge and discharge the accused or he may proceed as laid down in
section 160.
(2) If the Magistrate deems it unnecessary to summon and examine the witnesses
named in any list given him under section 164 or if after hearing such witnesses he
is still satisfied that there are sufficient grounds for committing the accused, he shall
make an order committing the accused for trial to a High Court and shall briefly
record his reasons for the commitment.
167.
Summons to witnesses for Defense when Accused is Committed.
When the accused has given any list of witnesses under section 164 and has been
committed for trial, the Magistrate shall summon such of the witnesses included in the
list as have not appeared before himself to appear before the Court to which the accused
has been committed.
Provided that, if the Magistrate thinks that any witness is included in the list for the
purpose of vexation or delay or defeating the ends of justice, the Magistrate may require
the accused to satisfy him that there are reasonable grounds for believing that the
evidence of such witnesses is material, and if he is not so satisfied may refuse to summon
the witnesses (recording his reasons for such refusal) or may before summoning them
require such sum to be deposited as he thinks necessary so defray the expense of
obtaining the attendance of the witnesses.
168.
Bonds of Complainants and Witnesses.
Complainants and witnesses for the prosecution and defense whose attendance at the trial
is necessary and who appeared before the Magistrate, shall execute before him bonds
binding themselves to be in attendance when called upon at the trial to prosecute or give
evidence, as the case may be.
Note:- For form of bond see Schedule 111, 21
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