IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1510 of 2007 RAJESHWAR MISHRA Versus STATE OF BIHAR THROUGH.C.B.I. ----------- 8 14.11.2008 This revision application has been preferred against the order dated 4.10.2007 passed by the Special Judge, C.B.I. South Bihar, Patna in Special Case No.13 of 2004 (RC Case No. 8(A) of 2004) thereby the petition dated 15.1.2007 filed by the petitioner /Accused has been rejected. Heard learned counsel for both parties including the learned counsel for C.B.I. The petitioner is an accused in the aforesaid Special Case. In course of cross examination of P.W.1 the attention of the witness was drawn towards the fact that the informant earlier had filed an application with regard to the cost of paddy before him (P.W.1) which was found baseless after inquiry. The witness gave evasive answer and stated that he could not answer without perusal of the concerned file i.e. Pat/V and A-4/1(47)/2004 dated 5.9.2005. Therefore, a petition was filed by the defence to call for the concerned file available in the department for further cross examination, which has been rejected. Upon hearing the learned counsel for the parties as well as considering the facts and circumstances of the case as also the answer given by P.W.1 this Court is of the view that it would be just and proper for the ends of justice to call for the concerned file from the department for further cross examination of P.W.1. - 2 - Accordingly, this application is allowed. Learned court below is directed to call for the concerned file and give an opportunity to the defence to cross examine P.W.1 on that point. B.Jha (Ghanshyam Prasad)