DEBABRATA MOOKERJEE, J.

( 1 ) THE question that falls to be determined in this revision petition is whether a person proceeded against under the provisions of Section 110, Criminal P. C. has, on transfer of the enquiring Magistrate, the right to have evidence re-heard by the successor Magistrate.

( 2 ) THE petitioner was required under Section 110, Criminal P. C. by the Sub-divisional Magistrate of Contai to show cause why he should not be ordered to execute a bond with sureties for his good behaviour. The proceedings have had a chequered career. They were being dealt with by Mr. A. K. Sen, Sub-divisional Magistrate, before whom a large number of witnesses were examined. Mr. Sen was, however, transferred, and he was succeeded by Mr. S. C. Bhattacharjee who took up the proceedings from the point reached by his predecessor. An application was then made on behalf of the petitioner praying that the witnesses already examined before Mr. Sen might be re-summoned and their evidence re-heard by the successor Magistrate Mr. Bhattacharjee. The prayer for re-hearing the entire evidence was refused, but consideration on the merits of application for re-call of individual witnesses was assure

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