( 1 ) THE petitioner is an accused in a case under sections 147 and 325 Indian Penal Code pending in the Court of the Judicial Magistrate 1st Class, Delhi. After the close of the prosecution evidence, the petitioner was examined under section 342 Cr. P. C. and when asked whether he wished to examine any defence witnesses, he filed a list of 11 witnesses and wanted them to be summoned. The learned Magistrate passed the fallowing orders :--

"the witnesses be summoned on payment of process fee and diet money. Rs. 175. 00 as diet money be deposited. "

THE petitioner did not deposit the process fee and the diet money as directed by the learned Magistrate, but filed a revision petition in the Court of Session contending that no reasons were assigned by the learned Magistrate for requiring him to deposit the diet money of the witnesses and that the learned Magistrate ought to have summoned the defence witnesses at Government expense. The learned Additional Session Judge accepted this contention and has submitted a report to this Court with a recommendation that the order of the learned Magistrate directing the petitioner to deposit the process fee and diet money before summon