IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32723 of 2007 M/S S.K.G. Consolidated Ltd., having it registered office at Abhay Bhawan, Fraser Road, Patna, P.S. Kotwali, District Patna thrugh its Administrative Officer Sri Hira Lal, son of Late Nagina Mahto, Resident at Quarter No.10, Road No.10B, Gardanibagh, P.S. Gardanibagh, District Patna. ------ (Complainant)----- Petitioner Versus 1. State of Bihar. 2. Sri Gopaljee Prasad, Son of Bhagwati Prasad, Bhagwati Petrol Pump, P.O. & P.S Arwal, District Arwal. ---------- (Accused------- Opposite Party ----------- 4 16.2.2010 Heard Mr. G.P. Bimal, learned counsel for the petitioner and counsel for the State. The impugned order rejecting the prayer of the complainant petitioner for recalling the order dated 6.11.2006 closing the evidence of the complainant has been sought to be assailed by the counsel for the petitioner on several grounds but then at the end of the day, learned counsel for the petitioner fairly submits that the complainant petitioner will be satisfied if only Hira Lal is allowed to be examined as a witness for the complainant. This Court had issued notice to the opposite party no.2, the accused and in fact a Vakalatnama was also filed in his behalf but none has appeared today on his behalf. This Court, however, has heard counsel for the State who submits that the ends of 2 justice will be met if the complainant is given liberty to complete his evidence, of course, within a fixed time frame. Considering the peculiar facts of this case as also that on number of days, the court was also not available and the witnesses had to go back without their being examined, this Court would set aside the impugned order dated 23.3.2007 and direct the court below to afford the complainant petitioner an opportunity to adduce its evidence including examination of Hira Lal within a period of one month from the date of receipt/production of a copy of this order. If need be, the court below will fix the date for such adducing of evidence on day- to-day basis. In the event, the petitioner will not lead evidence in the aforementioned stipulated period of one month, the court below will proceed to hear the arguments and decide the case on merits on the basis of existing materials available on record. Taking into account that the trial itself is of the year 1999, this Court would also direct the court below to ensure that a final judgment in any event is delivered 3 within a period of six months from the date of receipt/production of a copy of this order. Rsh (Mihir Kumar Jha, J.)