On 8-6-1985 one Radha Krishna Misra lodged an F. I. R. against opposite party No. 2 and three o there on the basis of which case crime No. 142 of 1985 under Section 342/323,1. P. C. was registered at police station Jathwara District Pratapgarh. The police inves tigated the case and filed charge-sheet. Charges under Section 342/323, I. P. C. were framed against the accused persons. Both the offences are bailable but the of fence under Section 342 is cognizable whereas Section 323, I. P. C. is non- cog nizable. The case is proceeding as a war rant trial. In the year 1990, prosecution had examined two witnesses of fact. The other witnesses of fact were not examined probably because they are said to have filed their affidavits in favour of the accused persons. When the case was taken on 26-6-1995 for prosecution evidence, on behalf of the prosecution an application was moved to summon the witnesses by issuing non-bailable warrants of arrest. The learned Magistrate by observing that since 1990, twenty five dates have been given but the prosecution did not examine any other witness rejected the application, closed the prosecution evidence and fixed the case for recording