IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26921 of 2009 1. Upendra Singh, son of Late Suraj Singh, 2. Om Prakash Singh, son of Late Bhikhari Singh, both of village Sitalpur Babu Tola, PS Dighwara, district Saran at Chapra – Petitioners. Vs. The State of Bihar. … 2 29.7.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. An application was filed before the trial court, after the order, dated 7.7.2009 was passed by this court, to examine Balindra Singh as a court witness. The Addl. Sessions Judge XI, Patna has rejected the petitioners’ prayer on the ground that the witness cannot say anything more than what has been said at paragraph 18 of the case diary. The case diary is only to be used for testing the veracity of evidence which cannot be done if the person concerned is not examined and, therefore, I cannot quite understand the reasonings of the court below nor is it justified on behalf of the trial court to pass such an order. However, this court’s hands are tied in the matter since the petitioners went to the Supreme court by filing Cr. M.P. No.11349 of 2009 for extension of time after the order, dated 7.7.2009 passed by this Court and the prayer for extension of time which is to expire at the end of this month was rejected vide order, dated 22.7.2009. In the circumstances this court cannot pass any positive order in favour of the petitioner. Accordingly, this application is disposed of. haque (Sheema Ali Khan, J.)