IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48101 of 2008 Manoj Kumar Singh, son of Sri Ram Prasad Singh, village Juri, PS Roshanganj (Bankey Bazar), Dist. Gaya – Petitioner. Versus State Of Bihar 2 5.8.2011 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 11.9.2008 passed in Complaint Case No. 432/2005, Trial No. 855 of 2008 by the Judicial Magistrate, 1st Class, Sherghati, and the order, dated 21.10.2008 passed in Cr.Revision No. 111/2008 by the Sessions Judge, Gaya. The Judicial Magistrate, Sherghati closed the evidence of the prosecution without PW 5 Naresh Kumar Ranjan being examined in this case. Dasti summons were issued to PWs 4 and 5. PW 4 was examined and cross examined on two dates fixed by the court. Thereafter, the prosecution was given time to produce further witnesses. No body appeared and as such the court closed the evidence. Being aggrieved by the order of the Judicial Magistrate, the Sessions Judge, Gaya in the revision application after discussing the aforesaid fact has stated that if the petitioner wants to examine any witness, then he may file an application under section 311 Cr.P.C. The fact that the petitioner is the informant in this case, has prayed that dasti summons to be issued to PW 5 as he is a Government servant and does not get permission to leave his station without notice, should not act as a deterrent to the court below in allowing the application. The observation of the Sessions Judge that the petitioner may file a separate application under section 311 of the Cr.P.C. is hardly 2 relevant as the contents of the application of a party ought to be considered by the court. Asking the court to issue Dasti summons for appearance of a witness amounts to recalling of the witnesses and as such it comes within the purview of section 311 of the Cr.P.C. Counsel for the petitioner informs the court that this matter has not proceeded any further after the order, dated 11.9.2008. In the circumstances I do not find that there can be any difficulty for the court to issue Dasti summons to the witnesses to appear and give evidence in the court in view of the fact that PW 5 is a school teacher and he would not be permitted to take leave without there being a notice by the court for him to appear for the purpose of giving evidence. I, therefore, quash the impugned orders and directed the court below to issue Dasti summons for appearance of PW 5for just and proper decision in this case. This application is disposed of with the aforesaid observation. It may be clarified that this order is being passed on the basis of the submissions made by counsel for the petitioner that the case has not been proceeded any further after 11.9.2008. Counsel for the petitioner is directed to produced a copy of this order before the court concerned within one month failing which this application shall stand dismissed. haque ( Sheema Ali Khan, J.)