1. This application under Ss. 397 and 401 of the Code of Criminal Procedure, 1973 (in short the Code) is directed against an order dated 28-8-1995 passed by the 5th Additional Sessions Judge, Samastipur in S.T. No. 151 of 1991 by which the learned Court below allowed a petition filed by the prosecution under S. 311 of the Code and re-opened the entire prosecution case.

2. It appears that on the Fardbeyan of one Ram Ekbal Choudhary the police drew up a formal FIR and registered Kalyanpur P.S. Case No. 123/90 for the offence under Ss. 341, 323, 379/34 of the Indian Penal Code. The charge dated 15-6-1993 under Ss. 341, 323, 325, 379 and 307/34 of the Indian Penal Code was submitted. After following the necessary commitment enquiry the case went to the Court of the learned 5th Additional Sessions Judge, Samastipur for holding the trial. Further case of the petitioner is that no prosecution witnesses could be produced before the trial Court though various dates such as 24-6-1993, 25-6-1993, 26-6-1993 and 28-6-1993 were fixed in it. The learned Court below also issued bailable and non-bailable warrants of arrest against the witnesses through the Superintendent of Police, Samastip