This is a Reference under Section 438 of the Code of Criminal Procedure made by the Sessions Judge Birbhum. The letter of reference recommends that an order dated the 5th May, 1971 passed by Sri R. N. Saha, Magistrate, Second Class Rampurhat in G.R. Case No. 147 of 1968 be set aside and that the learned Magistrate be directed to take necessary steps for enforcing the attendance of prosecution witnesses who accepted summons and then to dispose of the case according to law.

2. In the case under reference which involves a charge under Sections 325/379 of the Indian Penal Code the trial seems to have been a protracted one. Although the charge was framed by the learned Magistrate on 28-1-69 it was adjourned from time to time. On the 3rd October, 1969, four witnesses were present but the learned Magistrate was busy and the case was again adjourned to 19-1-70. On the said date also the case was adjourned to 31-3-70 when two witnesses were examined and the case was further adjourned to 15-6-70. On that day, although the hazira for three witnesses was filed the matter could not be taken up for hearing and the case was again adjourned to 31-7-70. After further adjournment to 23-11-70 t