ORDER

M. Papanna, J. - The order dated 11-9-2001 passed by the learned Additional Sessions Judge. Bhadrak in S.T. Case no. 54/244 of 1996 is under challenge in this revision.

2. Facts of the case relevant only for determining the question in controversy are that on the petition under Section 311. Cr. P.C. filed by the petitioners who are facing trial in Sessions Trial Case No. 54/244 of 1996 before the learned Additional Sessions Judge. Bhadrak for having been charged under Sections 147, 148, 323, 294 302/143 of the Indian Penal Code, the I.O., N.C. Naik (P.W. 12) was recalled for further cross-examination on 1-6-2001 with a direction to the defence to deposit a sum of Rs. 500/- towards the expenses of the witness However, the sum of Rs. 500/- was not deposited by the defence towards expenses of P.W. 12. But on the date fixed as no witness was present, W.T. message was sent to P.W. 12 fixing 12-6-2001 for his cross-examination. Even on that day when P.W. 12 did not turn up as revealed from the order sheet. W.T. message was again sent to him fixing 25-6-2001 for hearing. On the date fixed, the I.O. N.C. Naik sent W.T. message praying for time. Hence, he was intimated by W.T. message