Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45392 of 2010 ====================================================== 1. Bipeen Sao, Son of Chamru Sao 2. Chandan Kumar Chaurasia, Son of Birendra Mandal Both resident of village-Kaji Chak, P.S.-Maheshkhunt, District- Khagaria. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3 19-06-2012 Heard Sri Anil Kumar Chaudhary, learned counsel for the petitioners and learned Additional Public Prosecutor. The present petition was filed for quashing of order dated 24.11.2010 passed by learned Sessions Judge, Khagaria, in Sessions Case No. 111 of 2009, arising out of Maheshkhunt P.S. Case No. 56 of 2008, registered under [STATUTE] and 27 of the Arms Act. By the said order the learned Trial Judge has rejected the petition for recall of order dated 26.8.2010. Learned counsel for the petitioners submits that initially, the Investigating Officer, who was examined as P.W.9, was cross- examined, however; certain questions were not put to him, and as such, at subsequent stage, a petition was filed for recalling P.W.9, which was earlier allowed by the Trial Judge on 18.9.2010, vide Annexure ‘3’, with a condition to deposit cost of Rs. 1,500/-. Patna High Court Cr.Misc. No.45392 of 2010 (3) dt.19-06-2012 2 Since the cost was not deposited within time prescribed by the court, the P.W.9 could not be further cross-examined, and as such, subsequently, a petition was filed for recall of the said Order, which has been rejected by the impugned order. At the time of argument, it was submitted by the learned counsel for the petitioners that in this case, argument is going on. In view of the fact that occurrence had taken place in the year 2008 and now the case is at the stage of argument, the Court is of the opinion that impugned order may not be interfered with at this stage. The petition stands dismissed. Anay (Rakesh Kumar, 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.