IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23506 of 2010 Md.Asghar Ali Versus State Of Bihar ----------- 2 09.09.2011 Instant petition filed on behalf of petitioner / accused against an order dated 03.06.2010 passed by Ist Additional Sessions Judge, Muzaffarpur in Trial No.50 of 2005. It has been submitted on behalf of the petitioner that save and except application of Section 3(1)(x) of the SC/ST Act the other offences happens to be punishable under penal code and further are compoundable. Also submitted that the case has been compromised amongst the parties and on account thereof recall of P.W. was prayed for which has ultimately been rejected by the learned lower court. It has been settled at rest by catena of decision that were call of P.W. should not be allowed to frustrate the case of the prosecution more particularly where the offence are non- compoundable. As such prayer is non-tenable. Consequent thereupon petition is dismissed. However, the lower court will not feel prejudiced by the order impugned. PN (Aditya Kumar Trivedi,J.)