S. RAVINDRA BHAT, J.

( 1 ) THIS petition challenges an order dated 19. 3. 2007 by which the additional Sessions Judge (hereafter referred to as "the trial Court") declined an application by the petitioner, under Section 311 Criminal Procedure Code, (hereafter "the Code") made certain remarks about the conduct of prosecution vis-a-vis exercising power under Section 53 of the Code and exercised the power under Section 311, summoning one Shri Sunil Kulkarni, for examination. The petitioner has impugned the order on the ground that it declined the request for recall of the 9 witnesses sought for, as in the overall circumstances of the case would cause prejudice; he also claims to be aggrieved by the observations of the trial Court, suggestive of various courses of action available with the prosecution, to compel him to give blood samples.

( 2 ) THE petition was heard by another bench (Chaturvedi, J) on 28th March, 2007, 3rd April, 2007, 18th April, 2007 and 23rd April, 2007. Notice was issued, on 25th April, 2007, and the matter was fixed for hearing on 9th May, 2007. On that latter day, the case was listed before Khetrapal, J, who renotified the matter to 10th May, 2007. On 10th May