PASAYAT, J.

( 1 ) THE order passed by learned Judicial Magistrate First Class, Bhubaneswar (in short, the 'jmfc) directing issuance of notice to certain persons to appear as witnesses is the subject-matter of assail in this revision application.

( 2 ) PETITIONERS are accused persons in GA Case No. 2043 of 1989. After evidence of prosecution and defence was recorded; the matter was posted for judgment. At that stage learned JMFC felt that for just decision of the case, it was necessary to examine two persons namely, Bana Senapati and Rabindra Kumar Das as witnesses. She felt that these two persons are material witnesses, and their evidence would be vital for just decision of the case. She noticed that summons sent earlier to the said two persons could not be served because Bana Senapati, a lady had during pendency of the case had left her parental home after marriage. So far as other witness Rabindra Kumar Das is concerned, summons came back unserved without any report. In this background, learned JMFC felt that it was imperative to issue summons to two witnesses to appear and depose. Mr. B. L. M. Swamy for petitioners urges that though power under S. 311 of the Code of Criminal P