JUDGMENT :

B.P. Das, J. - This revision is directed against the order dated 22-11-1999 passed by the Chief Judicial Magistrate-cum-Assistant Sessions Judge, Balasore, in S.T. No. 51/100 of 1998 entertaining a petition u/s 319 of the Code of Criminal Procedure ('Cr. P.C.' in short) and directing issuance of process against the Petitioner.

2. The background leading to the impugned order is that the three brothers of the Petitioner have been arrayed as accused persons and are facing trial in the aforesaid sessions trial on being charge-sheeted u/s 324, 323, 307/34,1. P.C. The present Petitioner is not an accused in the aforesaid case. In para 10 of the revision petition it is stated that on 20-11-1999 and 22-11-1999 the prosecution examined two witnesses, namely, the informant-Dharanidhar Parida (opposite party No. 2) as p.w. 1 and the eye-witness-Rama Chandra Behera as p. w. 2, but before their cross-examination, on the basis of the statements of those prosecution witnesses, and without giving a chance to the defence to rebut the same by way of cross-examination, the learned Assistant Sessions Judge entertained an application filed by the prosecution u/s 319, Cr. P.C. praying to add th