Rule. Rule returnable forthwith. The matter is up for final hearing with consent.

2. The applicants, who are original accused Nos. 1 and 2 in R.T.C. No. 1996, under sections 109 and 494 of Indian Penal Code pending before J.M.F.C. Shrigonda, have filed this application invoking section 482 of Criminal Procedure Code to quash and set aside the order passed by learned J.M.F.C. on application of the complainant, who is respondent No.2 before this Court, for calling certain witnesses under section 311, Criminal Procedure Code.

3. According to the applicants, the case was pending before J.M.F.C. since against as many as 15 accused persons. It is contended that the Complainant/respondent No.2 had completed and closed her evidence and filed is to that effect on 18-12-2003. Thereafter, the matter was fixed for fixed arguments. However, suddenly on 26-8-2004 respondent No.2 filed application 157 seeking permission to examine 9 more witnesses and direction for issues of summonses to some of them. The application was opposed by the accused persons including the present applicants. However, after hearing both the learned Magistrate passed the impugned order on Exh.157 on 9-9- 2