IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17972 of 2010 GANWA @ DEEPAK KUMAR @ JITENDRA KUMAR Versus THE STATE OF BIHAR ----------- 2. 23.6.2010. Heard. In the light of the evidence given by the prosecutrix during trial supporting the allegations, the court is not inclined to review its earlier order, the petition is dismissed. As regards the examination of three official witnesses during the trial, the court below may dispense with the examination of the judicial Magistrate who recorded the statement of the victim under Section 164 of the Cr.P.C. because of the provisions of Section 35 of the Evidence Act as also considering that it was a judicial act and the record of the statement was the record of the act judicially performed by the judge in performance of his official-public duty which is enjoined under law upon him to be performed. So far as the examination of I.O. and doctor is concerned, the court below shall forward the name of the two witnesses to the Superintendent of Police, Patna and Civil Surgeon concerned who shall issue orders of stopping salaries to them till they had produced - 2 - a certificate by the trial court notifying that they had appeared and given their evidence in the trial and had been discharged by the learned trial Judge. With the above direction, it is expected that the trial is disposed of within a maximum period of six months from the date of receipt of the copy of the present order. B.Kr. ( Dharnidhar Jha, J. )