IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50960 of 2007 RAJENDRA KUSHWAHA, SON OF LATE LAXMAN MAHTO, RESIDENT OF VILLAGE BISHUNPURWA-SISWANIA, P.S.LAURIA,DISTRICT-WEST CHAMPARAN AT BETTIAH. --PETITIONER Versus 1. THE STATE OF BIHAR 2. PINTU TRIPATHI, SON OF –KRISHNA BIHARI TRIPATHI, RESIDENT OF VILLAGE-SISWANIA, (SHUKLA TOLA), P.S. LAURIA, DISTRICT- WEST CHAMPARAN AT BETTIAH. --OPPOSITE PARTIES 3 26.03.2010 This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner seeking quashing of order dated 02nd June, 2007 passed by Sri D.K. Mishra, Judicial Magistrate, 1st class, Bettiah, in Trial no. 1417 of 2007 arising out of Complaint Case no. 1406C/2005 allowing the application of the complainant seeking recall of one of the witnesses, Sukhranjan Mandal, for re-examination to prove some documents filed by the complainant which are material evidence for just and proper decision of the case. Learned counsel for the petitioner submitted that the witness is a Headmaster of the School and, being the interested witness, he made himself in appearance at different 2 stages without any justification and also provided the documents to the complainant without permission taken from competent authorities. Learned counsel for the opposite party submitted that since the documents were highly essential for just decision and the witness Sukhranjan Mandal is the only person competent to prove, the Court below in exercise of its power under Section 311 of the Code of Criminal Procedure has allowed the prayer and fixed the date for re-examination. It is undisputed that in this complaint case witness Sukhranjan Mandal has already been examined but the Court below, in exercise of powers conferred under Section 311 of the Code of Criminal Procedure, permitted his re-examination. I find no reason to interfere in the order. However, point of interestedness of the witness for allied matters may be considered by the Court below at appropriate stage. With this observation and liberty, this application stands dismissed. (Akhilesh Chandra, J.) AAhmad