JUDGMENT

P.K. Mohanty, J. - The petitioner, an accused in G.R. Case No. 3213 of 1987 in the Court of the Judicial Magistrate First Class, Bhubaneswar, for alleged commission of an offence under Sec. 279/304-A, IPC has challenged the order of the Magistrate directing the defence counsel to furnish the correct address of PW 1.

2. The accused-petitioner filed an application under Sec. 311, Cr. P.C to recall PW1 and PW 4. The learned Magistrate, on perusal of the evidence of PW 1, having found that the cross-examination has not been effectively done and there is every chance that the defence may be prejudiced if PW 1 is not recalled for further evidence by the defence specially when the present advocate was engaged much after the date of examination of PW 1 and as such had no occasion to cross-examine properly. The application was allowed vide order dated 7-7-1994 and summons were directed to be issued on PW 1 and PW 4 for further examination fixing it to 29-7-1994.

It appears from the order of the learned Magistrate dated 9-5-1995 that summons issued to witness Dillip Rao (PW 1) were returned back with report that he is not available in the address and his present where about was not