IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21628 of 2010 ASHOK TIWARI, S/o Late Baidhnath Tiwary, R/o Tiwari Tola, P.S.-Saharsa, District- Saharsa. Versus 1. THE STATE OF BIHAR. 2. Surendra Jha, S/o Sri Kameshwar Jha, R/o Village-Hatiagacchi, P.S.-Saharsa, District-Saharsa. ----------- 02. 07.03.2011 The petitioner has sought quashing of the order dated 17.04.2010 passed by the Judicial Magistrate, 1st Class, Saharsa in Saharsa P.S. Case No. 366 of 1998 by which an application under Section 242 Cr.P.C. filed by the Opposite Party No. 2 has been allowed and the Court has directed summons to be issued to witnesses Ranjeet Jha and Madan Jha for their examination. It has been submitted that the case is of the year 1998 instituted for a minor offence and the case was subsequently converted to warrant trial even though these witnesses were not named in the First Information Report nor in the summons trial whereafter they are being sought to be examined only to delay the trial. Considering that the case is of the year 1998 and so many witnesses have already been examined who had supported the case of the prosecution it is not in the interest of justice to further delay the trial. In view of such, the application is allowed and the order dated 17.04.2010 passed by the Judicial Magistrate, 1st Class, Saharsa in Saharsa P.S. Case No. 366 of 1998 is, hereby, set aside. Vikash/- (Anjana Prakash, J.)