1. This is a reference made by the Second Additional Sessions Judge, Nagpur, recommending that the order of the Special Magistrate, Nagpur dated 18-4-1956, passed in Criminal Case No. 1 of 1949 should be set aside.

2. The circumstances under which that order came to be made may be briefly stated. The non-applicants and several other persons, 48 in number, were prosecuted on charges under sections 120B, 409, 46B, 420, 193 and 109 Of the Indian Penal Code for offences alleged to have been committed by them in various places in India between the dates 1-1-45 and 1-4-56. The challan in this much protracted trial was put up before the trying Magistrate, as far back as 16-8-49. At the stage at which the question in dispute arose, the prosecution had examined 232 witnesses before the trying Magistrate who was specially appointed by the former State Government of Madhya Pradesh to try this case. The 222nd witness for the prosecution was Mr. M.B. Dixit, the handwriting expert on behalf Of the then Government of Madhya Pradesh. After his examination was terminated, the prosecution put in an application on 14-4-1956, which is the genesis of this proceeding. It is necessary to reproduc