JUDGMENT 16 persons are facing trial in Sessions case No.119/88 of the Court of Fourth Additional Sessions Judge, Gwalior for charges inter alia under section 307/149 IPC. The applicant in this revision is one of the injured persons and also a prosecution witness, who has been examined as P.W.2. His contention is that two more additional accused should have been impleaded in the Sessions case. Application containing this prayer was first rejected on 3.2.1990 by the learned Additional Sessions Judge, mainly on the ground that Police statements of the witnesses did not disclose material against the two persons sought to be additionally impleaded as accused persons, namely Maharaj Singh and Shiv Charan, who are father and son and non-applicants 2 and 3 in this Revision. The matter was again raised after the deposition of Raja Mohammad (P.W.2) and Liyakat Khan (P.W.3) was recorded and the learned Additional Sessions Judge then, namely, Shri P.V. Namjoshi by order dated 3.3.1992, directed that show cause notices be issued to the above two persons to show cause why they should not be additionally impleaded as accused persons in the Sessions Trial. That learned Judge was transferred and the matter came to be heard on 27.6.1992 by Shri N.D. Goyal, Fourth Additional Sessions Judge, Gwalior, who by the impugned order dated 27.6.92 observed that there was no sufficient material even k) issue show cause notices to the proposed accused persons and that after recording of further evidence, if he thinks necessary in future, he may give an order for issuing notices. This was clearly reversing the decision of the predecessor. The matter could have been understood if in the impugned order the learned Judge after hearing of parties, including those sought to be additionally impleaded, had passed some order that they be additionally impleaded or not but the learned Judge by the impugned order reversed the decision passed by the learned predecessor, which was not open to him. The impugned order so far as it directs that notice was not necessary to be issued to Maharaja Singh and Shiv Charan is set aside. The learned Additional Sessions Judge shall proceed further after adverting to what has been observed above. The non- applicants 2 and 3 shall appear for further proceedings before Fourth Additional Sessions Judge, Gwalior, on 24th Feb.1993.