1. This revision is for impugning the order dated 7th March, 2006 passed by Sessions Judge, Gwalior in Criminal Revision No. 65/06 whereby the learned Judge has affirmed the order dated 28.2.2006 passed by the JMFC, Gwalior in a case instituted on a private complaint filed by the petitioner against the respondents No. 1 to 4, by which the learned Magistrate has directed the complainant to deposit the diet money and travelling expenses of the witnesses, requested to be summoned by him.

2. It is submitted by Shri Pathak that with regard to an incident happened on 18.7.2005 petitioner lodged a report at Police Station, Gwalior on which Crime No. 51/05 was registered for the offence punishable under sections 452, 323, 506/34 and 294 of IPC. During investigation, injured died. Despite this fact, police filed challan for the aforementioned offences without adding the offence of murder under section 302 of IPC. Therefore, the petitioner was compelled to file the complaint. During enquiry, under chapter XV of CrPC, petitioner filed one application dated 6.1.2006 for calling his witnesses, on which the learned Magistrate directed the petitioner to deposit the diet money and travelling e