This is a revision application against an order passed by the First Addl. Munsiff J. M. Srinagar dated 28-1-72 by which he accepted the prayer of the accused-respondent for directing the complainant to be examined as a witness before production of the evidence in the case. This order was upheld in revision by the C.J.M. Srinagar who refused to make a reference to this court. The petition arises in the following circumstances.

2. The petitioner-complainant instituted a complaint under S. 500 Ranbir P. C. against the accused before the First Addl. Munsiff J. M. Srinagar, on 17-1-72. The Magistrate took cognizance of the case and summoned the accused. On 28-1-72 the complainant produced one witness, namely Ali Mohd. in support of his case but the accused took the objection that before taking any further evidence, the court must record the statement of the complainant himself. This objection seems to have found favour with the magistrate who directed the complainant to be produced in court by his order dated 28-1-72 for recording his statement. The learned Magistrate was of the view that under the provisions of S. 252(1) of the Criminal P.C. it was incumbent on the court to hea