S.L. Jain, J.

Invoking extraordinary jurisdiction of this Court u/s 482 of the Code of Criminal Procedure (henceforth, 'the Code'), petitioners have filed this petition for quashing the order dated 8-8-1997 passed by JMFC, Mandla in Criminal Case No. 2330/95 and also the proceedings of the said case.

The facts giving rise to the petition are that Forest Department filed a complaint against the petitioners on 10-11-1983 alleging that they have committed an offence punishable u/s 26 of Indian Forest Act (henceforth 'the Act'). The prosecution examined certain witnesses and the case was fixed for judgment. At the time of writing the judgment, the learned trial Magistrate found that material witnesses Jugraj, Imrat, Shanker and Komal Singh, who felled the trees at the instance of the accused persons and whose evidence is essential for just decision of the case, have not been examined as their names were not in the list of witnesses, therefore, vide impugned order, he directed to summon these witnesses.

I have heard Shri H.S. Dubey, learned counsel for the petitioners and Shri Asseem Dixit, learned Government Advocate for the respondent/State.

Learned counsel for the petitioners submit