The High Court found that the trial magistrate failed to inform the appellant of his right to recall witnesses after the charges were substituted, as required by Section 214 of the Criminal Procedure Code. This omission constituted a procedural irregularity amounting to a mistrial, as the appellant was not afforded a fair opportunity to challenge the prosecution's case on the substituted, more serious charges. The court held that this violation of the right to a fair trial rendered the conviction and sentence unsafe, necessitating the quashing of the conviction and setting aside of the sentence. The court ordered a retrial before a different magistrate, emphasizing that the procedural safeguard is mandatory and its breach is fatal to the proceedings.