IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37864 of 2009 HEMA DEVI WIFE OF PRAMOD KUMAR PRABHAKAR, RESIDENT OF VILLAGE-MADHOPATTI, P.S. KAMTAUL, DISTT. DARBHANGA. -------PETITIONER. Versus STATE OF BIHAR ----------- 2. 30/10/2009 Heard counsel for the petitioner and counsel appearing on behalf of the State. The petitioner has challenged the order dated 2.2.2009 passed by the learned Addl. Sessions Judge, F.T.C.-2, Darbhanga in Cr. Rev. No. 425 of 2007 by which the application under Section 311 of the Code of Criminal Procedure has been rejected. This application under Section 311 of the Code of Criminal Procedure was filed to recall PW-1 and PW-2, the seizure list witnesses. Learned counsel submits that these seizure list witnesses had made statement under Section 164 Cr.P.C. supporting the prosecution case. It is submitted that the circumstances under which they had made the statement was not put to the PW-1 and PW-2 and as such, they should be recalled for cross-examination. I may state here that PW-1 and PW-2 have resiled from the earlier statement and have been declared hostile. In the circumstances, this court finds that it would be futile to allow the petitioner to recall PW-1 and PW-2. Moreover, the petitioner who is the informant of this case cannot recall witnesses to cover the lacunae in his case and if 2 such applications are allowed the proceeding would become endless. In the result, I find no merit in this application and as such, it is dismissed. S.Ali (Sheema Ali Khan, J.)