IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7 of 2009 01. JAIRAM SHARMA, Son of Late Narain Dutt. Singh 02. Pushpa Devi, W/o Jairam Sharma Both resident of village- Rauniya, P.S.- Khizersarai, District- Gaya At present reside at Hulashganj High School, P.S.- Hulashganj, Distt.- Jehanabad ….. Petitioners Versus The STATE OF BIHAR ….. Opposite Party ----------- 02 26.03.2010 I have heard the learned counsel appearing for the petitioners who seeks the quashing of the order dated 2.12.2008 passed under Section 311 of the Cr.P.C. If one could consider the provision one could find that it is in two parts. The first part is within the complete discretion of Court to form an opinion whether a person is required to be examined as witness or any other evidence is required to be taken for the just decision of the case. As soon as, the Court decides to exercise the discretionary jurisdiction noted above, then the other part of ensuring the production of the witness or the other evidence becomes a mandate and that could not be disturbed by the court. That being the position, the petition appears of no merit. Dismissed. P.K. (Dharnidhar Jha, J.)