IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45023 of 2007 CHANDESHWAR PRASAD SINGH Versus THE STATE OF BIHAR ----------- 2/ 19/01/2009. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner questions the orders dated 24.8.2007 and the order dated 27.8.2007 passed by A.D.J.-cum-F.T.C. No.2, Lakhisarai in Sessions Trial No.257/01 under Section-436 of I.P.C. The former order is on prayer for time for examination of witnesses on grounds of non-availability of previous counsel since he was appointed public prosecutor, subject to a cost of Rs.500/- while the latter notices that subsequently the petitioner himself said that he was unable to bear the costs and that he would not like to cross-examine and the prosecution-witness may be discharged. Proceedings of the court recorded in the order- sheet are sacrosanct. If the petitioner denies what is recorded in the order-sheet his remedy lies in filing an appropriate application before the very same court. Faced with the aforesaid predicament learned counsel found it difficult to resist the cost. This Court, in the facts and circumstances of the case, considers it proper to set aside the order dated 2 27.8.2007 to the extent that it discharges a prosecution-witness whom the petitioner desired to cross-examine, but simultaneously enhances the cost imposed by the order dated 24.8.2007 to Rs.1000/- subject to which such recall and cross-examination shall be done. The application is allowed to the extent indicated above. KC ( Navin Sinha, J.)