IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40903 of 2009 BIRBAHADUR RAI, son of Bhikari Rai, village Gadiyani Bhangaha, PS Bhangaha, district West Champaran – petitioner. Versus THE STATE OF BIHAR ----------- 3 15.3.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 11.8.2009 passed by the Additional Sessions Judge, FTC V, Bettiah, West Champaran in S.T. No. 112/1996, arising out of Shikarpur PS Case No. 90/1994 by which the petition filed under section 311 of the Cr.P.C. for recall of PWs 1 and 2 has been rejected on the ground of delay. Counsel for the petitioner submits that the petitioner was unable to cross examine the two witnesses who were examined on 24.8.2004 and 14.9.2004. It has been categorically stated through a supplementary affidavit that since 2004 no further witnesses have been examined in the trial. In the circumstances I do not think that the court below is justified in not permitting the cross examination of the witnesses since they are the main prosecution witnesses and the court is duty bound under proper circumstances, such as the present one, to reach to the truth of the case. Accordingly the impugned order is hereby quashed and allow the petitioner to cross examine PWs Bhikhari Baitha and Harendra Baitha. However, petitioner should take all steps to get them 2 cross examined by depositing the necessary cost for recall of the witnesses within a period of three months from the date of receipt of a copy of this order. The court below should not grant unnecessary time to the parties in this matter. I further direct that after cross examination of the two witnesses, the court should take all steps to get the trial disposed of as the matter relates to an occurrence of the year 1994. This application is allowed to the extent indicated above. haque (Sheema Ali Khan, J.)