Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14437 of 2012 ====================================================== 1. Ramesh Mehta S/O Pulkit Mehta Resident of Village- Belsara Goth, Police Station- Raniganj, District- Araria. .... .... Petitioner Versus 1. The State of Bihar 2. Bindeshwari Sharma S/O Late Thakuri Sharma Resident Of Village- Belsara Goth, Police Station- Raniganj, District- Araria. .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 2 11-04-2012 Heard Mr. Mukesh Kumar Singh, learned counsel for the petitioner and Mr. Lalan Kumar, learned Additional Public Prosecutor for the State. The petitioner has questioned the order dated 22.02.2012 passed by learned Fast Track Court No.4, Araria in Sessions Trial No. 537 of 2009 arising from Raniganj P.S. Case No. 225 of 2008 registered for offence punishable under [STATUTE] whereby the learned Judge has been pleased to reject the application filed on behalf of the petitioner for recall of prosecution witness Nos. 2, 3 and 4 for their re-cross examination under Section 311 of the Code of Criminal Procedure. The prayer of the petitioner has been rejected by the learned Trial Court inter alia on grounds that the prosecution witness Nos. 2, 3 and 4 having been examined as back as on 3.4.2010, Patna High Court Cr.Misc. No.14437 of 2012 (2) dt.11-04-2012 2 27.5.2010 and 9.6.2010 respectively, at length by the defence counsel, the prayer on behalf of the defence for recall of the said witnesses after almost 2 years thereafter, is an attempt to unnecessary linger the matter. I find no reasons to interfere with the order passed by the trial Court. The exercise of powers under Section 311 is a discretionary power vested in the Trial Court, considering the facts and circumstances of the case. For the reasons aforesaid, there is no merit in this application. Accordingly the same is dismissed. Bibhash/- (Jyoti Saran, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.