IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3062 of 2010 ***** Sunil Kumar @ Sunil Rabidas, Son of Krishna Rabidas, resident of village- Charno, P.S. Massaurhi, District-Patna. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 2. 29.1.2010. Though this application has been filed for quashing of the order dated 26.10.2009 passed by the Ist Additional Sessions Judge, Patna in S.T. No.271/06 on the ground that the learned trial Judge could have been well advised to recall the witnesses as postulated under Section 311 of the Code of Criminal Procedure, yet Mr. M. Salahuddin Khan, learned counsel appearing for the petitioner, in course of hearing, submitted that if this Court is not inclined to interfere with the order impugned, it may direct the trial to be disposed of within a reasonable period of time. It is contended by him that all witnesses have been examined barring the Investigating Officer and the Doctor. Having heard Mr. Khan, learned counsel for the petitioner and Mr. Nitya Nand Tiwari, learned A.P.P., it is directed that trial should be completed by end of April, 2010. The prosecution shall positively produce the - 2 - Investigating Officer and the Doctor as witnesses. The Home Secretary of the State is directed to see that the said witnesses are made available before the court as it is the duty of the prosecution to see that the trial is not unnecessarily delayed as that offends the basic facet inhered in Article 21 of the Constitution. Let a copy of the order be handed over to Mr. Tiwari, learned A.P.P. to apprise the Advocate General to do the needful in the matter. The Cr. Misc. is accordingly disposed of. Pawan/- (Dipak Misra, CJ)