IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2657 of 2009 DR. GUPTESHWAR PRASAD Versus STATE OF BIHAR & ANR ----------- 2. 29/10/2009 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. There was an order of this Court passed in Cr. Misc. Case No. 55825 of 2007 to conclude the evidence within a period of 3 months and conclude the trial within a period of six months. More than twelve months have elapsed, the evidence has not been concluded much less the trial. The court, hearing the matter is expected to comply with the order of this Court. The facts reveal that cognizance was taken on 22.12.99. Till 30.5.2005 the opposite party had not produced any witness. On 26.11.2005 a petition was filed by the opposite party No. 2 under Section 311 of the Criminal Procedure Code which was rejected. Opposite party had filed a revision application against the order of rejection which was dismissed on 23.9.2006. Again the opposite party preferred Cr. Misc. Case No. 55825 of 2007 in this case which was disposed of on 8.10.2007. It is therefore not justified for the court below to hold that the petitioner is responsible for the delay. Whatever has transpired in the past the Sub Divisional Judicial Magistrate, Gaya, is directed to conclude the trial as expeditiously as possible and preferably within one month on 2 receipt of this order. In this case parties shall not be permitted time in the trial, it is expected that the opposite party No. 2 would conclude the evidence within a period of ten days and the petitioner enter his defense thereafter. He too will be granted ten days time to conclude his evidence and produce witnesses. The court should deliver the judgment thereafter, if the procedure aforesaid is not followed by some reason or the other, the petitioner is at liberty to bring this fact to the notice of this Court by filing Interlocutory Application in the present case. This application is disposed of with the aforesaid directions. S.Ali (Sheema Ali Khan, J.)