P. K. TRIPATHY, J.

( 1 ) THE petitioner calls in question legality of the order dated 21-3-1995 passed by the Judicial Magistrate, First Class, Anandapur accepting the prayer made by the prosecution for recalling P. W. 5 for re-examination in 2 (c) CC No. 12 of 1992.

( 2 ) ONE Nityananda Mahakud who was working as a Mazdoor in the Mines area was crushed under a dumper and sustained injury. He was shifted to the hospital in a jeep, but on the way he expired. The accident was enquired into by the complainant who is the Deputy Director of Mines Safety. Having found the petitioner contravened the provision of Rule 40 (2) (b) of the Mines Rules, 1955 which is punishable under Section 73 of the Mines Act, 1952 he launched prosecution under Section 200 (a) of the Code of Criminal Procedure (in short, 'cr. PC' ). During the course of trial, so far five witnesses have been examined and the Deputy Director, Mines Safety has been examined as P. W. 5. On 4-12-1993 though the said witness was present but the prosecution prayed for an adjournment on the ground of non-availability of the enquiry report. Keeping in view the objection raised on behalf of the petitioners, the trial Court recorded t