1. - I have heard learned counsel for the parties. Petitioner has come to this court challenging the order of the learned Chief Judicial Magistrate, Jhalawar, dated 12th March, 1987 by which he allowed the application of Public Prosecutor moved under Section 311 of Code of Criminal Procedure

2. The record shows that trial of this case is proceeding leisurely and learned Public Prosecutor is also partly responsible for this. The decision of the case has thrice been deferred, may be for any reason whatsoever. It is true that legislation has given powers to a court to call witnesses under Section 311 Cr. P.C. But it must bring out a strong case for the same It should not be merely for filling up the lacunas or to meet such situation of which defence can take use. In this case charge was amende I on '-10-86 when the case was listed for final hearing. Arguments for the final disposal were heard on 27-10-86 and case was posted on (-11-96, on which day judgment was to be pronounced. An appellation was moved for recalling Tekchand as some receipts remained to be exhibited But for the reason that learned Chief Judicial Magistrate could not dictate or deliver the judgment in the earl