IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANIOUS NO.47762 OF 2008 1. UPENDRA DAS @ UPENDRA PRASAD DAS, SON OF LATE SARYUG DAS, RESIDENT OF VILLAGE/MOHALLA GOVINDPUR, POLICE STATION NATHNAGAR, DISTRICT BHAGALPUR VERSUS 1. THE STATE OF BIHAR 2. ARJUN DEVI, WIFE OF LATE PARSADI PASWAN, RESIDENT OF VILLAGE/MOHALLA GOVINDPUR, POLICE STATION NATHNAGAR, DISTRICT BHAGALPUR ******* 2 05/08/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. Learned Counsel for the petitioner submits that the order dated 29.09.2008 passed in Sessions Trial No. 273 of 2004/81 of 2005 is not in accordance with law. The petitioner had filed an application for recall of PWs 1, 4 and 5 on the basis of the fact that Arjuna Devi (PW 5) has filed an application before the Court below that her son Kanhaiya Paswan disappeared from the village. Later, she learnt from the villagers that her son died by drowning in the River Ganges. His dead body was recovered. The case against the petitioner is for kidnapping the boy concerned. The petitioner had filed an application to recall these witnesses as he wanted to examine them on this question. The application of petitioner was refused on the ground that once the evidence of both the sides 2 are closed and the case is fixed for argument, the accused persons ought not to be permitted to recall the witnesses and dislodge the entire case. It would be misuse of the process of law to allow such an application and does not fall within the scope of Section 311 of the Code of Criminal Procedure. The purpose for recall of witnesses should be genuine reason and not on grounds as mentioned above. This Court, therefore, finds no reason to intervene with the order impugned. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)