1. - Heard the learned counsel for the petitioner as well as learned Public Prosecutor.

2. Complainant-respondent-Shri Mangi Lal filed a complaint in the Court of Addl. Chief Judicial Magistrate, Sojat and after enquiry under Chapter XV of the Cr.P.C., case was registered for the offences under sections 323 & 451 IPC. The trial proceeded and after the statements of five witnesses were recorded, an application was moved to call Mohan Lal whose name was not given earlier as witness. He was called under section 311 Cr.P.C. and his statement was recorded on 11.7.1995. Thereafter, the case was fixed for the statement of the accused persons on 12.9.1995. In the meantime, the case was transferred from the Court of Addl. Chief Judicial Magistrate, Sojat to Judicial Magistrate, Sojat. Then an application was made that Mohan Lal PW 6 be recalled which has been allowed. The reason for allowing the application was that the learned counsel for the complainant has not asked any question in the examination with regard to the identity of the accused persons.

3. Learned counsel for the petitioner submitted that this was not a proper ground to recall the witness and that if such recalling is