DHARMADHIKARI, J. :- From the records it appears that Respondent No. 3 Govinda Bhika Mankar had filed a private complaint against the Petitioners and some others under Sections 436, 342, 382, 323, 504, 506 read with Section 34 of Indian Penal Code. It further appears from the record that after the Complainant and 2 other witnesses were examined, the learned Judicial Magistrate, First Class vide his order dated 8th January, 1979 directed issuing of processes against all the accused persons for the aforesaid offences. Ultimately by an order dated 13th July, 1979 the case was committed to the Court of Session against all the accused persons as offence punishable under Section 436 of the Indian Penal Code was exclusively triable by the Sessions Court. When the trial at the Sessions Court was likely to commence. Accused persons filed an application before the Additional Sessions Judge, Nasik that at that stage the prosecution cannot be permitted to examine witnesses who are not examined before the committal Court. It appears that a list of 12 witnesses was submitted by the Complainant before the Committal Court itself. It was contended by the learned Counsel appearing for the A