"The deposition of a Civil Surgeon or other medical witness, taken and attested by a Magistrate in the presence of the accused, or taken on commission under this Chapter, may be admitted as evidence in any inquiry, trial, or other proceeding under this Code, even if the deponent is not called as a witness.
The Court may, if it deems necessary, and shall, upon the application of either the prosecution or the accused, summon and examine the deponent regarding the subject matter of their deposition."