IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3461 of 2011 DAVESH CHANDRA SAXENA Versus THE STATE OF BIHAR THROUGH VIG ----------- 2/ 28.1.2011 Heard learned counsel for the parties. Even on the argument submitted during the hearing of this petition, the person whose name appears correctly in the charge sheet has been examined in the court below. The petition under section 311 of the Cr.P.C. has been dismissed by the learned Special Judge, Vigilance, Patna in Special Case no. 30 of 1988 by his order dated 14.1.2011. It could be the prosecutor, who has to decide as to which evidence he has to produce in the court below and if a person’s name does not appear in the charge sheet, no court could force the examination of that person and get his evidence recorded. The trial court declined to exercise its discretionary powers, which are available to it by the first part of section 311 of the Cr.P.C. and thus, no error appears apparent in the impugned order. The petition is dismissed. Anil/ ( Dharnidhar Jha, J.)