IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3044 of 2009 ***** Bindu Mallah, son of Jethan Mallah, resident of Mohalla-Nadraganj Mallah Toli, P.S. Civil Lines, District-Gaya. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 2. 20.4.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is aggrieved because the learned Sessions Court has ordered taking of evidence of the accused under 313 of the Cr.P.C. He submits that the material witnesses have not been produced for their evidence till date, which is going to have its reflection on the fair trial of the accused. The Court is of the opinion that it will be open to the petitioner to urge this point at the time of final submission or argument at trial. In this regard the advantage and disadvantage of the same will be considered by the trial Court. The quashing application stands dismissed. Pawan/- (Ajay Kumar Tripathi, J.)