IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13137 of 2011 RAJENDRA YADAV S/O LATE BHUVNESHWARI YADAV, R/O VILLAGE KARBAILEE, P.S. KUMARKHAND, DISTRICT-MADHEPURA. –PETITIONER Versus 1. THE STATE OF BIHAR 2. BIRENDRA YADAV S/O LATE BHUVNESHWARI YADAV, R/O V ILLAGE-KARBAILEE, DISTRICT- MADHEPURA. -OPP.PARTY 2 20.04.2011 This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 29th March, 2011 passed by Additional District and Sessions Judge, Fast Track Court no.4, Purnia in S.T. no. 421 of 2001 rejecting the prayer made under Section 311 of the Code of Criminal Procedure on 02nd December, 2010 to recall prosecution witnesses no. 1 and 6 only on the ground of compromise. It is submitted that one and only one question is to be put before the two witnersses whether `matter has been compromised or not.` There is nothing more to be asked from such witnesses. Moreover, it is also submitted that they may be recalled at the risk and cost of the petitioner. If they are not coming on such requisition no 2 adverse inference can be drawn agaisnt them or no advantage of their non-appearance be given to the petitioner. Taking into consideration the above submissions, this application stands disposed of at this initial stage itself with a direction to the court below to recall the prosecution witnesses no.1 and 6 at the risk and cost of the petitioner and permit just to put one question whether compromise has been taken place between the parties in this case or not. The order may be communicated to the court below through FAX at the cost of the petitioner. AAhmad ( Akhilesh Chandra, J.)