1. This is a reference made by the learned II Temporary Sessions Judge, Fatehpur recommending that the learned trial Magistrate be directed to allow the accused in the case to examine any witness as defence witness irrespective of the fact whether he had already been examined as prosecution witness or not.

2. The material facts giving rise to this reference are that Manni is on trial in the court of the learned Additional District Magistrate (J), Fatehpur for an offence punishable under Section 379, Indian Penal Code on the basis of a police report. He is consequently being tried in accordance with the procedure prescribed by Section 251-A of Chapter XXI of the Criminal Procedure Code hereinafter referred as the Code. After the charge was framed by the learned Magistrate the prosecution examined in support of its case P.W. 1 Shiv Darshan, P.W. 2 Nankau, P.W. 3 Pittan and P.W. 4 Udaya Narain Singh. The first three witnesses were examined as witnesses of fact and deposed about the occurrence in respect of which Manni is on trial. After examination in chief of each of the witnesses mentioned above he was tendered for cross-examination by the accused. There is a note below the