Amar Bir Singh Gill, J.

1. The petitioner has invoked the inhere it powers of this Court under Sec.482, Cr. P. C. for quashing of the order dated 12.2.1998 by which the Magistrate has allowed the examination of prosecution witnesses under Sec.311, Cr. P. C. whereas he had already closed the evidence of the prosecution.

2. The grievance of the petitioner, as narrated in the petition, is that on a statement made by Shiv Ram, FIR No.494, dated 9/10/1989 was registered against him and after investigation, the police submitted its, report under Sec.173, Cr. P. C. before the Judicial Magistrate 1st Class, Karnal on 3/2/1990. Charge sheet under Sections 323/324/325 read with Sec.34, IPC was framed on 16/8/1990 against him and his co-accused. The petitioner along with his co-accused did not plead guilty and claimed trial and prosecution witnesses were summoned for 23/7/1991. The petitioner and his co-accused continued to attend the Court on every adjourned date. However, the evidence of the prosecution was never produced despite availing repeated opportunities upto 30a.1997 when the evidence of the prosecution was closed by order. Thereafter, on 17/8/1997, Sumer Chand sb Shiv Ram f