JUDGMENT

K.L. Shrivastava, J. -This is an application for grant of special leave to appeal against the order dated 12.12.85 passed by the Judicial Magistrate First Class, Susner in Criminal Case No. 27 of 1982.

2. Circumstances giving rise to the application are these. On 3.10.81 the petitioner Ramchandra filed a criminal complaint against the non-applicant in the Court of Judicial Magistrate First Class, Susner. On its basis a case under Sections 451 and 323 of the I.P.C. was registered. On 12.12.85 the learned Magistrate passed the impugned order in these terms:

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1. 3. The contention of the Petitioner's learned counsel in this Court is that it was the duty of the learned Magistrate to issue coercive processes against the witnesses who were absent despite service.

2. 4. The point for considerati