NOTE:- Police who have relevant evidence to give not recorded as statements in the Case Diary should be called here. (e) the Magistrate shall then ask the accused if he has any other witnesses and what is the gist of the evidence they can give, and the Magistrate may hear such witnesses and shall do so if there appears to be a reasonable chance that their evidence may lead to the discharge of the accused; (f) the Magistrate shall invite the accused to make a statement and to answer questions, informing him at the same time that he is not obliged to do so. NOTE:- This must not be used to obtain admissions from the accused for use against him, but it is to enable the accused to satisfy the Magistrate that there is no case against him and so obtain his discharge, or to enable his defense to be fully brought out at the trial. (2) If after the procedure set out in sub-section (1) the Magistrate finds that there is no case against the accused he shall discharge him. (3) If the Magistrate finds that there is no case against the accused for trial by a High Court but that there is a case for trial by himself or some other Magistrate he shall try the accused or submit the case to the proper Magistrate. (4) If the Magistrate finds that there is a case against the accused for trial by a High Court he shall frame the charge or charges and read and explain them to the accused, and give the names of the witnesses who will be called for the prosecution, and ask the accused what other witnesses he requires for the defense; the Magistrate shall summon all such witnesses unless he considers that a witness can give no material evidence; the Magistrate shall inform the accused of the probable date of the trial. (5) At the trial, except for good reason to be recorded by the Court, no witness other than one whose statement has been read out under sub-section (1) (b) or who has given evidence under sub-section (1) (d) shall be called for the prosecution unless a statement has been taken from him previously and read to the accused by a Magistrate. (6) If there is a prosecutor or a pleader for the defense they shall be allowed to address the Magistrate in that order before he makes his findings. CHAPTER XIX TRIALS BY HIGH COURTS 173. Commitment Necessary. No person shall be tried by a High Court unless he has been committed for trial to such Court as provided in Chapter XVIII. 59