IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29768 of 2009 NAGENDRA NARAYAN UPADHYAY, son of late Rama Shankar Upadhyay Versus STATE OF BIHAR ----------- 2/- 26.10.2010 Heard learned Counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 25.05.2009, passed by Additional Sessions Judge, 1st Kaimur at Bhabua in S. Tr. No. 85/98 of 2008 to recall of P.W. 1 and P.W. 2 for further cross examination, since they could not be inadvertently cross-examined that they had named the present petitioner in their statement under section 161 Cr. P.C. Since this is a very crucial piece of evidence, in my view the Trial Court should give at least one opportunity for drawing attention of P.W.1 and P.W.2 with reference to the statements recorded under section 161 Cr. P.C. In view of such, this application is allowed and the order dated 25.05.2009, passed by the Additional Sessions Judge, 1st Kaimur at Bhabua in S. Tr. No. 85/98 of 2008 is hereby set 2 aside with the direction to recall P.W.1 and P.W. 2 if the trial is still proceeding and give one opportunity to the petitioner to cross examine them with reference to their earlier statements made under section 161 Cr. P.C. Ashwini/- ( Anjana Prakash, J. )