JUDGMENT Palok Basu, J. - Heard learned counsel for the applicant. The only grievance of the learned counsel Sri R. N. Tripathi is that the trial Magistrate has directed statements of the accused to be recorded under Section 313, Cr.P.C. even before close of the prosecution evidence and Section 313 Cr,P.C. stage obviously will arise only when the evidence of the prosecution case come to an end. From a perusal of the order dated 1.10.1991 passed by the Magistrate it transpires that the witnesses were not forthcoming and the Magistrate has directed the A. P.O. to secure the attendance of the witnesses. As a precautionary measure hoping that the witnesses do not turn up again, the Magistrate has directed that the statement of the accused and the defence evidence should be taken on the next date fixed. Since the applicant is the complainant (informant) it. is his duty to proceed with his statement in accordance with law before the trial court. 2. With the aforesaid observation this application is dismissed. 3. Let a certified copy of this order be supplied to the learned counsel for the applicant n payment of usual charges within week for production before the trial court.