IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.43101 of 2008 Sita Ram Versus State Of Bihar ---------------------------------- 02. 01.08.2011 This is an application for quashing of the order dated 12th of September, 2008 passed by the learned Sessions Judge, West Champaran at Bettiah in Cr. Revision. No.176 of 2008 mechanically upholding the order dated 30th of August, 2008 passed by Sri Gayasuddin, the learned Judicial Magistrate, Bettiah, West Champaran in Trial No.125 of 2008/ 176 of 2007 (Bettiah Town P. S. Case No.193 of 2003) under Sections 341, 323, 324, 307, 379,504/34 of the Indian Penal Code. Heard learned counsel for the petitioner and learned counsel for the State. For the first time prosecution evidence was closed on 11.7.2007. Petition under section 311 of the Cr. P. C. to allow the petitioner to get examined the doctor was allowed, but doctor was not produced. Again the case was closed on 4.5.2007, and on its prayer prosecution was allowed to produce the doctor, but again doctor was not produced and case was closed on 22.5.2008. Now again petition for producing the same doctor, is refused/ rightly refused. Submission of learned counsel for the petitioner is that doctor once had appeared in the court but after the case was closed, so he could not be examined, may be no ground to allow the petitioner again to produce the doctor for its examination. Something appears surprising in the case that petitioner’s prayer was refused/ rightly 2 refused, but case is still pending goes to show that petitioner is more interested in lingering the case then to get justice. In any case prosecution has been allowed more opportunity then entitled to produce his evidence/doctor, interference under section 482 of the Cr. P. C. is not justified. Accordingly, this quashing application is hereby dismissed. Vikash (Mandhata Singh, J.)