IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28162 of 2010 1. RAJARAM SAHANI. 2. Ram Dayal Sahani. 3. Shiv Chandra Sahani. All are sons of Ram Karan Sahani and R/o Village-Saidpur, P.O. Saidpur, P.S.-Chakmehsi, District-Samastipur. Versus 1. THE STATE OF BIHAR. 2. Shyam Nandan Prasad Pandey, S/o Chandrika Pandey, R/o Village- Saidpur, P.S.-Chakmehsi, District-Samastipur. ----------- 02. 03.03.2011 The petitioners are aggrieved with the order dated 11.05.2010 passed in Cr. Rev. No. 711 of 2009 by which the Sessions Judge, Samastipur has set aside the order dated 01.12.2009 passed in Tr. No. 610 of 2009 by the Judicial Magistrate, 1st Class, Samastipur by which he had allowed recall of some witnesses for further cross- examination. It has been submitted that it was the Trial Court which was alone competent to examine as to whether further examination of these witnesses was essential for the just decision of the case and, therefore, the Revisional Court was wrong in setting aside such an order exercising its powers of revision which was not maintainable since the order was interlocutory. Considering the submission, the application is allowed and the Judicial Magistrate, 1st Class, Samastipur is directed to fix one date for examination of witnesses. 2 It is made clear that only one date shall be fixed no further adjournment shall be granted at any cost so that there is no further delay in the trial. Let this order be communicated through FAX at the cost of the petitioner to the Judicial Magistrate, 1st Class, Samastipur in Tr. No. 610/09. Vikash/- (Anjana Prakash, J.)