IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38797 of 2007 Braj Kishore Singh, Son of Late Jatadhari Singh, resident of Village- Kubauli Ram, P.S. Bangra, District-Samastipur --Petitioner Versus 1. THE STATE OF BIHAR 2. Ram Lakhan Singh, Son of Late Rameshwar Singh 3. Vijay Kumar Singh @ Tutu Son of Ram Lakhan Singh Both (No.2 and 3) resident of Village-Digha Fatahpur, P.S. Baligaon, District- Vaishali 4. Ramesh Kumar Singh, Son of Gagandeo Singh, resident of Village- Pipra, P.S. Pipra, District-East Champaran, presently at Digha Fatahpur, P.S. Baligaon, District-Vaishali ---- Opp.Parties. ----------- 11 23-11-2010 Heard Mrs. Mira Kumari, learned counsel for the petitioner and Sri Amitesh Kumar, learned counsel for the State as well as Sri K.N.Diwakar, learned counsel for Opp.Party nos.2 to 4. The present petition has been filed by a person, who was neither the informant nor the State against the order dated 11.7.2007 passed by learned Addl. Sessions Judge, F.T.C.No.III, Vaishali at Hajipur in Sessions Trial No.1 of 1999. By the said order, learned trial Judge has rejected the petition dated 5.5.2007 filed by the prosecution for recalling PW.7 as well as for examining other witness. It appears from the record that in this case occurrence had taken place long back in the year 1994. P.W. 4 was examined on 24.1.2006 and after cross-examination, he was finally discharged on 27.3.2007. The court has taken every step for securing attendance of witnesses and finally the evidence was closed and thereafter the case was fixed for argument. On the date of argument, the present petition was filed by the prosecution, which has been rejected by 2 assigning a detailed reason by the trial court. On perusal of the impugned order, the Court is of the opinion that the learned trial Judge has rightly passed the impugned order. It is not a case for interference with the impugned order, particularly in view of the fact that the occurrence had taken place long back in the year 1994. Accordingly, I do not find any merit and the petition stands rejected. NKS/- ( Rakesh Kumar, J.)