IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.30865 OF 2008 VIVEKANAND MISHRA, SON OF LATE SAHDEV MISHRA, RESIDENT OF VILLAGE HARPUR, POLICE STATION BANIAPUR, DISTRICT SARAN AT CHAPARA VERSUS 1. THE STATE OF BIHAR 2. PARMESHWAR MISHRA, SON OF LATE BASUDEV MISHRA, RESIDENT OF VILLAGE HARPUR, POLICE STATION BANIAPUR, DISTRICT SARAN 3. VINIT KUMAR SINGH @ GUDDU, SON OF SHRIKANT SINGH, RESIDENT OF VILLATE KARTARPUR, POLICE STATION BAIKUNTHPUR, DISTRICT GOPALGANJ. AT PRESENT RESIDING AT VILLAGE NEAR RAMLILA MATHIA, POLICE STATION BHAGWAN BAZAR, DISTRICT SARAN AT CHAPARA 4. SANJIV KUMAR @ RUPU, SON OF SHRIKANT SINGH, RESIDENT OF VILLATE KARTARPUR, POLICE STATION BAIKUNTHPUR, DISTRICT GOPALGANJ. AT PRESENT RESIDING AT VILLAGE NEAR RAMLILA MATHIA, POLICE STATION BHAGWAN BAZAR, DISTRICT SARAN AT CHAPARA 5. AAND SHANDILYA, SON OF RAKESH NANDAN, RESIDENT OF VILLAGE BRAHIMPUR, POLICE STATION MASHRAKH, DISTRICT SARAN AT CHAPRA 6. ASHWANI KUMAR RAI @ PINKU, SON OF SURENDRA RAY, RESIDENT OF VILLGE MIRZAPUR, POLICE STATION JANTA BAZAR, DISTRICT SARAN ******* 2 24/06/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed against the order dated 16.05.2007 passed in Criminal Revision No. 204 of 2007 arising out of the order passed by the Sub Divisional Judicial Magistrate, Chapra in Trial No. 792 of 2007 on 14.02.2007. By the impugned orders, the Courts below have rejected the application of the petitioner to examine Ajay Pratap Mishra as a witness in the trial. The reason for refusing his examination is that he was not named in the complaint petition as a witness 2 and has not been examined under Section 202 of the Code of Criminal Procedure. At paragraph 6 of this application, it has been stated that Ajay Pratap Mishra was examined under Section 202 of the Code of Criminal Procedure and that he was present before the Trial Court on 26.02.2007. In that view of the matter, the Court ought to have considered the petitioner’s application for examination of Ajay Pratap Mishra. This Court accordingly directs the Trial Court, subject to the fact that the case has not been concluded or final arguments in this case has not yet commenced, that the petitioner may be given a single date in which he would be at liberty to examine Ajay Pratap Mishra as witness. Needless to say that the Opposite Parties would have the right to cross-examine the said witness. The Trial Court will grant the petitioner three weeks’ time from the date of receipt/production of a copy of this order to produce the witness, failing which the Trial Court will proceed with the trial and conclude it at the earliest. This application is allowed to the extent indicated above. Let a copy of this order be communicated to the Sub Divisional Judicial Magistrate, Chapra in connection 3 with Trial No. 792 of 2007 through fax at the cost of the petitioner if deposited by 28th June, 2011. Anand ( Sheema Ali Khan, J. )