IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38217 of 2007 JAPI RAI, S/o Late Sukhlal Rai, R/o Nauranga Diara, P.S. Ballia, District – Begusarai. ……………. Petitioner Versus STATE OF BIHAR …. Opp. Party ----------- For the petitioner : None For the State : Mr. Jharkhandi Upadhaya, A.P.P. For O.P. : Mr. Sunil Kumar Sharma, Advocate ----- 2 10.12.2008 No one appears for the petitioner to press this application when it is called out. Mr. Sunil Kumar Sharma, learned counsel for O.P. No. 2 has submitted that this application had been filed against order dated 26.7.2007 passed by the learned Presiding Judge, Fast Track Court No. II, Begusarai, in S.T. No. 136 of 2006, whereby the application filed by the prosecution under section 311 Cr.P.C. for examining Anil Rai was allowed, but after filing of the application the said witness has already been examined and therefore this application has become infructuous. As stated the learned counsel for the petitioner is not present to refute the submissions of the learned counsel for O.P. No. 2. Since the witness has already been examined in the court below this application has become infructuous and is dismissed. Spd/- (Abhijit Sinha, J.)