IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50529 of 2008 SUDAMA MAHTO, S/O Late Manraj Mahto, R/O Village-Gopalpur, P.S. Sathi, Distt.- West Champaran. ………Petitioner. Versus STATE OF BIHAR ----------- For the Petitioner:- Umesh Chandra Veram. Adv. For the State:- M. Haque, APP. 2 25.01.2011 Heard learned counsel for the petitioner, Mr. Umesh Chandra Verma and for the State, M. Haque, A.P.P. The present application has been filed for quashing the order dated 19.08.2008 passed by the leaned Additional Sessions Judge, F.T.C.-IV, West Champaran at Bettiah, in S.T. No. 292 of 2004, whereby the petitioner’s application for recall of P.W.3, Shambhu Saran Prasad, has been rejected. It appears from the petition of recall, dated 28.05.2008, as contained Annexure 2 that no reason has been assigned for seeking cross-examination, of a witness who was discharged in 2007. From the impugned order, it appears that the other accused persons cross-examined P.W.3, but the petitioner did not cross-examine. However learned counsel for the petitioner submits that concerned lawyer was not available 2 hence P.W.3 could not be cross-examined. Since the witness was cross-examined by the other accused and no appropriate reason for recalling of the witness has been mentioned in the recall petition, the present quashing application is dismissed. Bhardwaj/ ( Dinesh Kumar Singh, J.)