GANGESHWAR PRASAD, J. :- This application in revision came up before us upon a reference made by Tripathi, J.

2. The relevant facts may be briefly stated. One Ram Lal filed a complaint against Laltu applicant under Section 325 I.P.C. in the court of a Magistrate 1st Class at Kanpur, After recording the statements of some witnesses produced by the complainant, the Magistrate framed against the applicant a charge under Section 325 I.P.C. on 22-1-1963. The-Magistrate then fixed 5-2-1963 for recording evidence under Section 256 Cr. P.C., noting in his order that the applicant desired to cross-examine all the witnesses examined by the complainant before the framing of the charge. It appears from the record that on 23-1-1963 the complainant filed a list containing the names of six witnesses proposed to be examined by him under Section 256 Cr. P.C. and the Magistrate ordered summonses to be issued for the said witnesses. The list included the name of one Sri Sinha. Sri Sinha was actually examined on behalf of the applicant on 27-2-1963. On the same day an application was moved before the Magistrate on behalf of the applicant stating that as Sri Sinha had not been named in the list