IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39855 of 2010 1. BAKEY LAL MAHTO @ BANKE MAHTO, S/o Late Ramprit Mahto, R/o Village-Gaur Bujurg, P.S.-Maharajganj, District-Siwan. 2. Ganesh Mahto, S/o Sahab Mahto, R/o Village-Agya, P.S.-Goreya Kothi, District-Siwan. 3. Nagina Mahto, S/o Jagdeo Mahto, R/o Village-Gaur Bujurg, P.S.- Maharajganj, District-Siwan. 4. Sheo Mahto, S/o Late Khuwa Mahto, R/o Village-Gaur Bujurg, P.S.- Maharjganj, District-Siwan. 5. Ramnath Sah, S/o Dahari Sah, R/o Village-Gaur Bujurg, P.S.- Maharajganj, District-Siwan. Versus 1. THE STATE OF BIHAR. 2. Harbansh Rai, S/o Rampal Rai, R/o Village-Bajrahia, P.S.-Maharajganj, District-Siwan. ----------- 02. 01.03.2011 The petitioners have sought quashing of the order dated 26.08.2010 passed by the Additional Sessions Judge, F.T.C.-IV, Siwan passed in Cr. Rev. No. 126 of 2009 by which he has set aside the order dated 07.03.2009 passed by the Judicial Magistrate, 1st Class, Siwan in Tr. No. 496/09 by which he has refused examination of a document under Section 311 Cr.P.C. It has been submitted that the Revisional Court committed an error in allowing such an application since 311 Cr.P.C. was not meant for proof of any documents as also that it should have been considered that this prayer was made purely by the prosecution only to fill up the lacunae of the case and once the Trial Court has opined that it was not essential for the just decision of the case the Revisional Court should not have interfered in the matter. 2 Considering the same, the application is allowed and the order dated 26.08.2010 passed in Cr. Rev. No. 126 of 2009 is, hereby, set aside with the direction to the Trial Court to complete the trial within a period of six months from the date of receipt of this order. Vikash/- (Anjana Prakash, J.)