Case Facts:
Patna High Court Cr.Misc. No.35695 of 2012 (2) dt.03-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35695 of 2012 ====================================================== Chandan Mishra Son of Sri Kant Mishra, Resident of village Sonbarsa, P.S. Industrial Area (Buxar), District Buxar .... .... Petitioner/s Versus 1. The State of Bihar 2. Anand Keshari Son of Ramjee Keshari, Resident of village Main road Amla Toli, P.S. Buxar Town, District Buxar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Binod Kumar-3, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2 03-10-2012 The Petitioner seeks quashing of the order dated 28.8.2012 passed by the Sessions Judge, Buxar in S.T. No.244 of 2011, by which he has rejected an application for recall of P.Ws.2 to 13. It has been submitted on behalf of the Petitioner that the petition filed on his behalf was wrongly labelled [STATUTE] urther submission is that because a transfer petition had been filed against the Presiding Officer the accused persons refused to cross- examine P.Ws.2 to 13 and now they are ready to cross-examine them despite the pendency of the transfer petition before this Hon’ble Court. Even though this Court is not inclined to condone the act of the accused persons in not cross-examining the witnesses on the Patna High Court Cr.Misc. No.35695 of 2012 (2) dt.03-01-2012 sole and frivolous pretext that the transfer petition was pending but I am of the opinion that interest of justice would suffer if no opportunity is afforded to the accused persons to cross-examine the witnesses in their defence in a case of such a serious nature. In view of such, the application is disposed off with direction to the Trial Court to send the details of P.W.2-13 to the Superintendent of Police, Buxar fixing the case on a day today basis along with a copy of this order. The accused will make adequate payments for their appearance and will not pray for adjournment on any ground whatsoever once the witness is produced by the Prosecution for cross-examination. Let this order be communicated to the court of Sessions Judge, Buxar in S.T. No.244 of 2011 through FAX at the cost of the petitioner. Narendra/- (Anjana Prakash, J)

Applicable IPC Section: 311

Statute Text:
Section 311 of the Indian Penal Code. OffencePunishment. Whoever is a thug, shall be punished with imprisonment for life, and shall also be liable to fine.