IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10221 of 2010 UDAY PRASAD @ UDAY RAM @ UDAN RAM, SON OF SRI RAMDENI RAM ----- PETITIONER Versus 1. THE STATE OF BIHAR 2. ASHOK KUMAR GAHLAAUT, SON OF VISHESHWAR PRASAD, RESIDENT OF BAIJRACHAK, P.S. KATARI SARAI, DISTT. GAYA. ------- OPPOSITE PARTIES. ----------- 2. 06.10.2010 Heard the parties. The petitioner is aggrieved by the order dated 11.11.2009 passed in Sessions Trial No. 233 of 2009 arising out of Dumariya P.S. Case No. 01 of 2005 by Additional Sessions Judge-II, Gaya, since he refused to recall PW-6. The order impugned shows that PW-6 was examined way back on 9.1.2007 and was fully cross- examined by the defence and, thereafter, a petition was filed on 25.6.2007 which was not pressed and it was finally on 11.11.2009 that matter was disposed of. Considering that the petition has been filed for the purpose of delaying the trial, I am not inclined to interfere in the matter. The application is dismissed. S.Ali ( Anjana Prakash, J. )