IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.8683 OF 2008 KASI NATH THAKUR, SON OF BAIDHYANATH THAKUR, RESIDENT OF KORHAILI, POLICE STATION PALASI, DISTRICT ARARIA VERSUS THE STATE OF BIHAR ********* 2 16/02/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner has moved this Court against the order dated 05.01.2008 passed in G.R. Case No. 571 of 2000 passed by the Judicial Magistrate, 1st Class, Araria by which he has permitted Mohini Devi, the informant and victim of this case, to be examined after the arguments have been started in this case. It is apparent that the charges were framed in 2001. The prosecution was to produce witnesses on 18.09.2007 which they failed to do and finally arguments commenced on 05.01.2008. On the same day, it appears that an application was filed for permission to examine the informant as a witness. The Court has granted the permission. This Court is not interfering with the order dated 05.01.2008 but makes it clear that the Trial Court will fix a date for appearance of the informant within a period of two weeks from the date of receipt/production of a copy of this order. On non-appearance of the 2 informant, the Trial Court should proceed with the case. In case, evidence is led on the date fixed by the Judicial Magistrate, 1st Class, Araria, the petitioner should be given the opportunity to cross-examine and produce any other evidence in support of his case within a period of next ten days. This order does not mean that the Court cannot take evidence of the informant on two consecutive dates, if so required. I would also like to mention that the order was passed on 05.01.2008 and there was no order of stay in this case. The Trial Court ought to have examined the informant in stead of waiting for more than a year and delaying the matter further. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)