JUDGMENT 1. - The matter comes up for consideration of stay petition. However, with consent of the learned counsel appearing, the revision petition itself is finally heard. 2. By the impugned order, the learned trial court has allowed the application of the A.RR filed under Section 311 Cr.P.C. After allowing that application, the learned trial court directed that witnesses No. 1 and 5 be summoned for the date of hearing fixed on 28.2.2001. It is contended on behalf of the learned counsel for the petitioner that as a matter of fact it was way back on 6.11.1997 that the learned trial court had already closed the summoning of the witness Anand Sirivaikar and thereafter this witness was not produced. Not only this, the order dated 6.11.1997 was unsuccessfully assailed in revision, which revision was also dismissed on 21.2.1998. As such it is contended that the impugned order is wholly bad. 3. The learned Public Prosecutor on the other hand submitted that after passing of the order dated 6.11.1997, the charge against the accused was amended and therefore, the impugned order cannot be said to be bad. The controvert this, the learned counsel for the petitioner submits that the order amending charge had been set aside in revision. 4. Considering these circumstances, it is clear that it appears that while passing the impugned order, the earlier order dated 6.11.1997 was not considered by the learned trial court nor was it brought to the notice of learned A.P.P. and since on that date the lawyer were on strike, the counsel for the petitioner obviously was not in a position to bring this fact to the notice of the learned trial court. Be that as it may. The fact remains that on the face of the order dated 6.11.1997, the witness No. 1 mentioned in the application could not be ordered to be summoned under Section 311 Cr.P.C. 5. Consequently the revision petition is partly allowed. The impugned order so far as directs to summon the witness Anand Sirivaikar is set-aside. The learned trial court is directed to expeditiously proceed with the trial.Revision partly allowed. *******