Horwill, J.

1. The prosecution examined three witnesses, and on 10th April, 1942, the Prosecuting Inspector endorsed the charge-sheet with this statement "P.Ws. 2, 3, 5, 6 and 7 (the numbers relating to the list of witnesses in the charge-sheet) are given up." He then signed his name. The Magistrate at once framed a charge against the accused; but for one reason or another the trial proceeded no further. Before the stage had arrived for farther cross-examination, the Magistrate was transferred and the Magistrate whose judgment is now appealed against, assumed office. The accused applied for what is generally termed a de novo trial; and the three witnesses already examined were re-called and re-examined. After that had been done, the prosecution requested that one of the witnesses mentioned in the charge-sheet, No. 2, might be examined for the prosecution before the prosecution closed its case. The Magistrate refused to allow this witness to be examined, and passed the following order:

This witness is once given up by the prosecution and not examined before framing charge. I do not think there is provision for such a course unless the witness is one not examined by the Court o