IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15930 of 2010 DHARMENDRA KUMAR @ DHARMENDRA PRASAD S/O LATE JAGARNATH PRASAD R/O VILLAGE- SAREYA, WARD NO. 12, P.S. GOPALGANJ, DISTRICT- GOPALGANJ ……………… Petitioner Versus THE STATE OF BIHAR …………. Opposite Party ----------- 2. 05.01.2011 Heard the parties. The petitioner seeks quashing of the order dated 13.4.202010 passed by learned Sessions Judge, Gopalganj in Sesions Trial No. 153 of 1999 by which he has rejected an application filed under Section 311 Cr.P.C. On going through the order impugned I find that the sessions trial was of the year 1999 and the charge was framed on 6.1.2003 where after the case was closed on 15.5.2009 and almost a year later an application under Section 311 Cr.P.C. was filed on 11.3.2010 to examine the Investigating Officer for which an opportunity was given. Unfortunately since the presiding officer was on leave on the said date the I.O. could not be examined. Thereafter the P.P. submitted that whereabouts of the I.O. was not available and, therefore, there was difficulty in examining the I.O. With regard to the two private witnesses, it appears that they were not chargesheet witness and it is fairly conceded by the petitioner that he as an eye witness had supported his case that the accused had assaulted with knife. Under the circumstances, no prejudice would be caused to the prosecution for non-examination of the said witnesses. In view of such, the application is dismissed with a direction to the Trial Court to conclude the trial within a period of 3 months from the receipt of this order. Fahad. ( Anjana Prakash, J. )