IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13443 of 2010 1. FIROZ KHAN S/O HASAMUDDIN KHAN 2. ZULKAR NAIN KHAN S/O SAHREJAR KHAN BOTH R/O VILLAGE- BASANTIPUR, P.S. MIRGANJ, DISTT. GOPALGANJ ……………… Petitioners Versus 1. THE STATE OF BIHAR 2. KHURSID ALAM S/O MD. KHALIL ANSARI R/O VILLAGE- BASANTIPUR, P.S. MIRGANJ, DISTT. GOPALGANJ ……………….Opposite Parties ----------- 2. 13.12.2010 Heard the parties. The petitioners seek quashing of the order dated 13.8.2009 passed by A.C.J.M. cum Assistant Session Judge Gopalganj, in Tr. No. 66/07, by which he has allowed examination of the informant under Section 311Cr.P.C. The learned counsel for the petitioner submits that it is a very belated stage and even after hearing the arguments of the parties that an application under Section 311 Cr.P.C. was filed for examination of the informant and was allowed. It has repeatedly been held that the criminal courts are not supposed to evaluate the faults of the parties but should consider such applications only if the interest of justice is served. In this case since it was a case of 302 I.P.C. and the informant was necessary witness, I am not inclined to interfere in the matter. The application stands dismissed. The Trial Court however, is directed not to give more than one date for examination of the informant and if for any reason he fails to depose without any reasonable cause, no further indulgence shall be given to him. Let this order be communicated to the court concerned through FAX at the cost of the petitioner. Fahad. ( Anjana Prakash, J. )