IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12500 of 2008 CHANDRAM SAH @ CHANA SAH & ORS Versus STATE OF BIHAR ----------- 02. 07.05.2010 Heard learned counsel for the State. In the present application the petitioners have challenged the order dated 15.12.2007 passed in Sessions Trial No. 119 of 1996, whereby petitioners’ application for re-cross examination of the prosecution witness Vidyawati Devi has been rejected. It is submitted by learned counsel for the State that the power under Section 311 Cr.P.C. can not be exercised to fill up the lacuna on behalf of either party. The ground given for recall of the witness for re-cross examination is that the carbon copy of the case diary was faint. The said Vidyawati Devi was examined and cross-examined on 18.12.2006 whereas the application for her re-cross examination was filed on 06.10.2007 which shows the diligence being shown by the petitioners in making any such prayer. The impugned order has been passed on 15.12.2007. There is nothing on record to suggest the present stage of the trial. - 2 - In the aforesaid circumstances, I am not inclined to interfere in the matter. The application stands dismissed. Shageer (Dinesh Kumar Singh, J)