ORDER :- The case, out of which this revision petition has arisen, is pending in the Court of the Sub-divisional Magistrate, Barmer. A criminal case under Sections 379, 414 and 409 was registered on 20th of October 1948 in the Court of the said Magistrate against the two petitioners, Premraj, Ramanlal and one Bhagirath, on a Police report. A list of 36 prosecution witnesses was attached to this Police report under Section 173 of the Criminal Procedure Code. Out of these 38 witnesses, the prosecution was able to examine 27 upto 4th of August 1949, i.e., within 10 months. On 8th of June 1949, the Prosecuting Inspector presented an application before the Magistrate requesting him to issue summons in the name of 14 witnesses. All these witnesses were included in the list of 36 witnesses mentioned above. This application of the Prosecuting Inspector for issuing summons in the name of 14 witnesses was rejected by the Magistrate on 29th of June 1949 but time was granted to the prosecution to bring these 14 witnesses in the Court on their own responsibility and examine them on the next hearing. Out of these 14 witnesses, 11 were examined till 4th of August 1949 and 3 were given up by the P

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