IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.277 of 2008 RAMADHAR SINGH son of late Naresh Singh resident of village Simra PS Janipur District Patna Versus STATE OF BIHAR ----------- 3 22/10/08 Heard learned counsel for the petitioner and learned counsel for the State. This revision has been preferred against the order dated 4.1.2008 passed by the learned Additional Sessions Judge, Fast Track Court, I, Patna in S. Tr. No. 1165/07 whereby and where under the petition dated 12.12.2007 filed by the petitioner to recall PW 2 Ram Kripal Singh for further cross examination has been rejected. It appears that petitioner is an accused in S. Tr. No. 1165/07. It further appears that on 12.11.2007 the prosecution filed attendance of two witnesses. PW 1 Shyam Murti Singh was examined, cross examined and discharged. Then PW 2 Ram Kripal Singh was also examined on the same date and was cross examined by the other accused persons but learned lawyer appearing on behalf of the petitioner did not appear to cross examine him. The court gave sufficient time for his appearance but still he did not turn up for cross examination. The court asked the petitioner to cross examine the witness but he refused to do so and thereafter finding no alternative the court below discharged PW2. The submission of learned counsel is that PW 2 is an eye witness of the alleged occurrence and his cross examination by 2 the petitioner is essential for the just decision of the case. His further submission is that as per the allegation the petitioner is main assailant of the case. It is also the submission of the learned counsel that trial is still continuing and the witnesses are being examined. Considering the facts and circumstances of the case, this application is allowed and the impugned order dated 4.1.2008 is hereby set aside. The court below is directed to recall PW 2 for cross examination by the petitioner for which he shall allow one adjournment only to the petitioner and thereafter the court shall proceed in the matter according to law. Let this order be communicated to the court below by fax at the cost of petitioner, as prayed for. BKS (M. Saran, J.)