IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22873 of 2011 Chandeshwar Pandey, son of late Aasdeo Pandey, R/O Village- Tarwar Purvi Tola, P.S. Garkha (At present Bheldi), Distt- ..Petitioner Versus The State Of Bihar…… Opposite Party. ---------------------------------- For petitioner:- Mr. Nagendra Rai, Adv. For State:- Mr. Jharkhandi Upadhayaya, APP -------------- 2/ 14/12/2011 Heard learned counsel for the petitioner and learned Additional P.P. for the State. None represents on behalf of the informant. Petitioner has challenged order dated 7.5.2011 passed by Additional District and Sessions Judge, FTC-I, Saran at Chapra in connection with Sessions Trial No. 343/1993 whereby and whereunder defence case has been closed. Once a privilege has been given to the defence for getting the I.O. examined in this case in defence then under such situation, it should have been properly executed. Dasti summon was issued for procurement of attendance of I.O. and its execution report supported with an affidavit has been placed on behalf of the defence disclosing therein that the I.O. had not honoured the same one pretext or other. Then under such situation learned lower court should have adopted other methodology so presecribed under law for 2 procurement of attendance of the witnesses. As such, the order impugned is set aside. Petition is allowed. The learned lower court is directed to secure attendance of I.O. after following procedures prescribed thereof. However, will not grant any undue adjournment as the case is lingering for defence since long. Let a copy of this order be communicated to the court concerned by FAX at the cost of the petitioner. perwez (Aditya Kumar Trivedi,J.)