IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33967 of 2011 Ram Vishesh Thakur & Ors. Versus The State Of Bihar ----------- 2/ 21/10/2011 Heard learned counsel for the petitioner as well as learned APP for the State. 2. The learned counsel for the petitioner is unable to place whether the prosecution intends to examine the witnesses who happens to be the witness named in the charge-sheet or otherwise, though, has challenged the order dated 10.08.2011 by which the learned lower court has allowed the prayer of the prosecution to examine four witnesses including the informant who have not been examined during trial. 3. It has been submitted on behalf of the petitioner that charge was framed on 16.03.2004 and the case was closed on 15.04.2011 and then thereafter, statement under Section 313 of the Cr.P.C. has been recorded. Subsequently a petition has been filed on behalf of the informant under Section 311 of the Cr.P.C. which, in the facts of the case, should not have been allowed because of the fact that informant was well aware regarding continuance of trial during such long period, after closure of the prosecution 2 case, prayed for which amounts to fill up the lacuna as due to non examination of witnesses, it was but natural, that accused persons will get acquittal in their favour. Apart from the fact that the trial will again linger for evidence for infinite period. Also submitted that speedy trial happens to be the basic feature of criminal trial and a fundamental right of the accused and by such process, the aforesaid right is bound to frustrate. 4. On the other hand, learned APP opposed and submitted that the scope of 311 Cr.P.C. is to be commanded by the court itself and it is meant for dispensing with the justice, in case, the court is of the view that the examination of the witnesses is necessary. 5. So far legal position is concerned, learned counsel for the petitioner does not dispute that it happens to be within the exclusive domain of the Court to exercise the power in the interest of justice. The main grievance happens to be that facing trial for such a long period and further giving infinite period will certainly jeopardize their interest. As such, learned lower court is directed to record and conclude 3 the examination of witnesses within four dates as the prayer has been made by the informant himself failing which no further opportunity will be made available to the informant/prosecution and with the aforesaid observation, the instant petition is disposed of. perwez (Aditya Kumar Trivedi,J.)