IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38374 of 2007 PRAMOD SINGH SON OF LATE PREMNATH SINGH, RESIDENT OF VILLAGE- NAURANGA, P.S.- G.B. NAGAR, DISTRICT- SIWAN. Versus 1. THE STATE OF BIHAR 2. GUDDU SINGH, SON OF DEONATH SINGH 4. DEENA NATH SINGH SON OF LATE SHEO BALAK SINGH 5. KAUSHAL KISHOR SINGH, SON OF DEENA NATH SINGH ALL RESIDENTS OF VILLAGE NAWRANGA, P.S.- G.B. NAGAR, SIWAN. For the petitioner : Mr. Raghav Prasad, Advocate. For the State : Mr. Jharkhandi Upadhyay, APP ----------- 5 16.08.2010 Heard both sides. Petitioner is the informant/complainant whose application filed under Section 311 of the Code for summoning his mother (Panna Devi) and sister Kiran Kumari has been considered and rejected by learned court below. It appears that the last prosecution witness was examined on 7.2.2007 and two months thereafter the present application was filed. A protest petition was filed by the informant on the ground that he had disclosed the name of one Kaushal Kishore Singh as an accused person who was armed with lathi and assaulted the informant and one Prem Nath but the police in collusion with the accuseds did not incorporate the aforesaid part of the accusation. Admitted position is that the mother and sister of the informant are neither named in the F.I.R. nor in the charge-sheet. Their names, however, appeared in the protest petition. In the protest petition, the petitioner had made an attempt to project Smt. Panna Devi and Kiran Kumari as eye 2 witnessss to the assault. Learned court below in the light of deposition of the informant (P.W. 6) has found that no such claim was made by him in his deposition. Learned trial court has dealt with that aspect of the matter in detail in the impugned order. The trial being Sessions Trial No. 305 of 2003 was/is old one. All the prosecution witnesses have been examined in this case. On these conclusions, learned trial court has refused to allow the application filed by the petitioner. This court, on perusal of the materials placed on record and after hearing the parties, gets an impression that by filing this application seeking summoning of the mother and sister of the informant, an attempt is being made to delay the trial and fill up the lacunae which is not the spirit of Section 311 of the Code. There is no merit in this application. It is accordingly dismissed. pkj ( Kishore K. Mandal, J. )