KANDURI MISRA Vs. SAHADEB KUNDA

JUDGEMENT

(1.) THIS is a revision petition against an interlocutory order dated 1.5.1963 passed by the Sub -divisional Magistrate of Khurda in a case under Sections 426, 379 and 447 I.P.C. pending in his file.

(2.) ON 12.3.1963 the learned Magistrate framed charges against the accused persons and some other persons and then adjourned the case for cross -examination to 1.5.1963, writing in the order sheet,

(3.) I would therefore set aside the order of the sub -divisional Magistrate, Khurda, dated 1 -5 -63 expunging the evidence of prosecution witnesses Jagannath Mohapatra, Narendranath Mohanty, Satrughna Singh and Golak Sethi, and direct the Magistrate to summon them and to use the coercive processes permitted by the law to secure their presence for the purpose of cross -examination on a date to he fixed by him. After such cross -examination is over, the case may be disposed of according to law. Order accordingly.