JUDGMENT 1. - Heard the learned counsel for the petitioner as well as learned Public Prosecutor. 2. Complainant-respondent-Shri Mangi Lal filed a complaint in the Court of Addl. Chief Judicial Magistrate, Sojat and after enquiry under Chapter XV of the Cr.P.C., case was registered for the offences under sections 323 & 451 IPC. The trial proceeded and after the statements of five witnesses were recorded, an application was moved to call Mohan Lal whose name was not given earlier as witness. He was called under section 311 Cr.P.C. and his statement was recorded on 11.7.1995. Thereafter, the case was fixed for the statement of the accused persons on 12.9.1995. In the meantime, the case was transferred from the Court of Addl. Chief Judicial Magistrate, Sojat to Judicial Magistrate, Sojat. Then an application was made that Mohan Lal PW 6 be recalled which has been allowed. The reason for allowing the application was that the learned counsel for the complainant has not asked any question in the examination with regard to the identity of the accused persons. 3. Learned counsel for the petitioner submitted that this was not a proper ground to recall the witness and that if such recalling is allowed to be made, it will be fulfilling the lacuna of the prosecution. He also submitted that the identification of the accused persons during trial before Court is useless when no test identification has taken place. He submitted that the order of the learned Magistrate suffers from infirmities and should be quashed. 4. I am of the view that the order of the learned Magistrate is not legal and proper, firstly because the identification of accused by a witness in Court is not of any help to the prosecution unless the witness had an opportunity to identify an accused during test identification. Secondly, if the prosecution has itself left any lacuna by not asking a question about the identification of the accused persons from the witness, the lacuna cannot be filled up at such a late stage. 5. The order of the learned Magistrate dated 20.9.1996 cannot be sustained and has to be set aside in the facts and circumstances of this case, when it amounts to abuse of process of Court. 6. This Misc. Petition under section 482 Cr.P.C. is allowed and the order of the learned Magistrate dated 20.9.1996 to recall witness Mohan Lal is quashed. The order of the learned Magistrate dated 20.9.1996 cannot be sustained and has to be set aside in the facts and circumstances of this case, when it amounts to abuse of process of Court. 6. This Misc. Petition under section 482 Cr.P.C. is allowed and the order of the learned Magistrate dated 20.9.1996 to recall witness Mohan Lal is quashed. The learned Magistrate is directed to dispose of this case expeditiously.Petition allowed. *******