IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40688 OF 2009 1. SUNIL KUMAR GUPTA, SON OF DINESHWAR PRASAD GUPTA 2. ANIL KUMAR GUPTA, SON OF DINESHWAR PRASAD GUPTA BOTH RESIDENT OF MOHALLA SONEPUR REGISTRY BAZAR, POLICE STATION SONEPUR, DISTRICT SARAN …………………………………………………………………….PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. RANJAN KUMAR GUPTA, SON OF RAJESHWAR KUMAR GUPTA, RESIDENT OF SONEPUR REGISTRY BAZAR, POLICE STATION SONEPUR, DISTRICT SARAN 3. DHIRENDRA KUMAR, SON OF HARI MOHAN PRASAD, RESIDENT OF VILLAGE RAHAR DIARA, POLICE STATION SONEPUR, DISTRICT SARAN …………………………………………………………………….OPPOSITE PARTIES ********** 2 24/02/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. This application has been filed for quashing the order dated 27.10.2009 passed in Sessions Trial No. 266 of 1999 by which the Additional Sessions Judge VIII, Chapra has rejected the prayer of the accused persons to recall the Prosecution Witness Nos. 1 and 2. The examination and cross-examination of PWs 1 and 2 was closed on 03.10.2002 and 07.07.2003 and thereafter the evidence of other witnesses were taken and finally on 05.08.2009, the prosecution evidence was closed and the statement of accused persons under Section 313 of the Code of Criminal Procedure was recorded. Learned Counsel for the petitioner submits that he wishes to cross-examine PWs 1 and 2 on the 2 point as to whether the petitioner no. 1 was found at the place of occurrence in the pool of blood with a dagger in his hand. According to the Counsel for the petitioners, this was an important aspect of the matter and if the prosecution fails to cross-examine any of the witness or produce witnesses on their behalf to substantiate this aspect, it cannot be allowed at this stage to fill the lacunae in the case. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)