IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26218 of 2009 BIMAL KUMAR, son of Late Satyanarayan Mishra, resident of ‘Ganghara Niwas’, Basant Vihar Colony, Boring Road, PS Shri Krishnapuri, district Patna – Petitioner. Versus STATE OF BIHAR ----------- 2 31.8.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 16.5.2009 passed by the Subdivisional Judicial Magistrate, Patna in Shastrinagar PS Case No. 461/1993 by which the application filed on behalf of the petitioner under section 311 of the Code of Criminal Procedure has been rejected. From a perusal of the impugned order, it is evident that the reasons assigned by the court below are substantially correct and there is no ground for this court to interfere with it. The prosecution evidence was closed on 13.7.2005 and the case was fixed for the defence to lead its evidence which was ultimately closed on 25.1.2008. The defence examined one witness as DW 1 on 18.7.2006 and also adduced some documentary evidence. In between 2006 and 2008 the petitioner filed an application under section 294 of the Cr.P.C. and also an application that D.N.A. test should be conducted to determine whether the petitioner was the father of the child supposedly born out of the wed lock. This court finds that the application has been filed after much delay. This court also found that no reason has been disclosed 2 regarding the relevance of the witnesses whom he sought to be examined and, therefore, no grounds have been made out for entertaining the application under section 311 of the Code of Criminal Procedure. Considering the aforesaid facts, this court finds no reason to interfere in this case. This application is accordingly dismissed. haque (Sheema Ali Khan, J.)