IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22813 of 2010 DIWAKAR SINGH, S/o Sri Basant Singh, R/o Hospital Road, Kahalgaon, P.S. Kahalgaon, District-Bhagalpur. Versus 1. THE STATE OF BIHAR. 2. Raj Kumar Sah, S/o Ganesh Prasad Sah, R/o Village-Chaudhary Tola, Kahalgaon, P.S.-Kahalgaon, Dist.-Bhagalpur. ----------- 02. 10.03.2011 The petitioner has sought quashing of the order dated 13.05.2010 passed by the 7th Additional Sessions Judge, Bhagalpur in Cr. Rev. No. 345 of 2009 by which the application filed against the refusal to examine one witness has been disallowed by the Revisional Court. It has been submitted that application of petitioner filed under Section 311 Cr.P.C. was allowed for examination of two witnesses but when the second witness appeared and filed attendance unfortunately the Lawyer could not be present on two consecutive dates and, therefore, the case was closed. It has further been submitted that for the fault of the Lawyer the accused should not suffer nor should the interest of justice suffer on account of it. In view of such, once a Trial Court had permitted examination of the witnesses for the just decision of the trial the Revisional Order is set aside and the Trial Court is directed to fix one date for examination of the said witnesses on payment of Rs. 500/- to the accused persons. 2 It is made clear that under no circumstances no other date be granted to examine of the witness. The Trial Court shall also conclude the proceeding within the next three months since the case is of the year 1997. With these observations, the application is disposed off. Let this order be communicated through FAX at the cost of the petitioner. Vikash/- (Anjana Prakash, J.)