Lakshmi Narain, C.J.

[1] The two accused petitioners in the present case were charged by Shri B.B. Dutta, Magistrate 1st Classes Udaipur under Sections 448 / 380, I.P.C. on 11.5.51 on a charge sheet submitted by the Police. They pleaded not guilty to the charge and wished to further cross-examine the complainant and other prosecution witnesses in the case. The Magistrate adjourned the case for further hearing on 26.5.51 and ordered the prosecuting Sub-Inspector to produce the above P.Ws. for the purpose.

[2] On that date, only the complainant and one P.W. was present. The accused persons objected to cross-examine them in part. The prosecuting Sub-Inspector also; applied for permission to produce the remaining P.Ws. on the next date of hearing. The case was adjourned to 15.6.51. The same process happened on the next 2/3 hearings. On 24.7.51 the complainant with 4 P.Ws. was present. The prosecution promised to produce the remaining 4 P.Ws. on a subsequent hearing. The accused petitioned that they would be prejudiced if only 4 cut of 9 P.Ws. were cross-examined on that date and further prayed that all the prosecution witnesses might be directed to attend on one date for re-cros