V. P. Gupta, J.—This petition has been filed under section 482 of the Code of Criminal Procedure (hereinafter shortly called the Code) read with Article 227 of the Constitution of India and section 397 of the Code, by the petitioner challenging the order passed on 25th February, 1980 upon an application filed under section 311 of the Code by the petitioner for recalling the prosecution witnesses who had been examined in the case on 14th January, 1980.

2. The brief facts of the case are that the petitioner was prosecuted tinder section 353 I.P.C. and section 7 of the Essential Commodities Act, and he was charge-sheeted for the said offences on 14th May, 1979. The petitioner did not plead guilty to the charges framed against him and claimed to be tried. The Magistrate fixed the case for the evidence of the prosecution for 28th June, 1979. On 28th June, 1979, the whole of the prosecution evidence could not be examined because the counsel for the petitioner stated that be was not feeling well and had developed some trouble while coming from his house to the courts. One formal witness, Nar Singh S.H.O. was, however, examined on 28th June, 1979, and the remaining witnesses were b