A.H. Saikia, J.

1. None appears for the petitioner when the matter is taken up for hearing, despite the names of the learned counsel being shown in the related cause list, has been pending since 1995. Considering the importance of the issue involved in this revision petition, this Court has requested Mr. B.C. Das, learned counsel to assist the Court as Amicus Curiae.

2. In this criminal revision, the petitioner has challenged the order dated 23-6-1995 passed by the learned Judicial Magistrate, 1st Class, Hallari in CR. No. 552/97 under Section 304(A), I.P.C.

3. For better appreciation of the question raised in this revision, it is apt and necessary to refer the impugned order dated 23-6-1995 which may be extracted as under :--

"Accused present, judgment is deferred as I find that two materials witnesses are not examined. One is Nandi Barman and another some Deka Store Keeper of that time. Therefore, issue summon to them to appear before the Court as Court witness fixing 27-7-1995."

From the perusal of the record it reveals that earlier to passing of this impugned order, there were other orders passed by the said Court and the reference of the same would be relevant for proper adjud