Short Note : 1. The non-applicant Rameshchandra was prosecuted for an offence under section 7/16 of the Prevention of Food Adulteration Act by the Food Inspector of the Indore Municipal Corporation. 2. Upto the stage of the examination of the accused under section 342, Criminal Procedure Code, the accused did not at all cross-examine the complainant. Subsequently, at the stage when the non-applicant was called upon to enter upon his defence an application was made by him to recall the complainant but his prayer was rejected by an order passed on 25.4.1975. 3. The legality of this order was challenged by a revision application to the Sessions Judge and the Additional Sessions Judge, who heard this revision application, has made a reference to this Court for setting aside of this order. 4. It is clear that the accused had not cross-examined the complainant. It was only by the aforesaid application that a prayer was made for permission to re-summon the complainant for cross-examination. The ground taken in this application was that the applicant, being too poor, was unable to engage a counsel to cross-examine the complainant. The learned Additional Sessions Judge has recommended that the ground put forward by the accused is justified and the trial Magistrate should have allowed the application. 5. Shri M.G. Upadhyaya, who appears for the State and Shri Bhojwani who appears for the accused, heard and supported the reference. Before the Additional Sessions Judge and in this Court also notices to the Food Inspector of the Municipal Corporation were not issued. As this case is being heard by this Court in the exercise of revisional jurisdiction and considering the facts of this case, notice to the Food Inspector for hearing of the case need not be issued (See section 440 of the Criminal Procedure Code, 1898). 6. Accordingly for the reasons given above, the reference made by the Additional sessions Judge is accepted and the impugned order passed by the trial Court is set aside. The prayer made by the accused for recalling the complainant is allowed. Reference accepted.