IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30544 of 2008 Md. Quamrul Hoda, son of Late Haji Abdul Majid, village Kataha, PS Karja, District Muzaffarpur – Petitioner. Vs. 1) The State of Bihar, 2) Akhtar Hussain, 3) Hisamul, 4) Kasmuddin, sons of Sheikh Damari, 5) Atikul, son of Kasmuddin, 6) Saukat, son of Sassaddin, all of village Kataha, PS Karja, District Muzaffarpur – Opp. Parties. 2 27.6.2011 Heard learned counsel for the parties. This application has been filed quashing the order, dated 27.6.2008 passed by A.D.J., FTC V, Muzaffarpur in S.T. No. 272/1994. The father of the informant is the petitioner in this case, which relates to an occurrence of the year 1994. Non- bailable warrant of arrest was issued to the witnesses on 9.5.2007 and despite a lapse of about three years no body has turned up. After the court has passed an order for recording the statement of the accused under section 313 Cr.P.C., an application has been filed on behalf of the petitioner that the witnesses have not been examined and as such evidence cannot be closed. This court finds that in fact it is a delaying tactics. In fact the prosecution has not been able to produce evidence and witnesses since 2005 which tells a great deal regarding the conduct of the prosecution and as such I see no reason to postpone the trial further for taking fresh steps for procuring the witnesses. This application is accordingly dismissed. haque ( Sheema Ali Khan, J.)