IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23139 of 2007 AMIT KUMAR SAHA @ AMIT KUMAR SAH @ AMIT SAH, S/O Late Bijay Sah, resident of Village Pipra Hatia Tola P.S. Banmankhi, District-Purnea. Versus 1.STATE OF BIHAR 2.Khikhri Devi W/O Late Sitaram Rishideo 3.Rajesh Rishideo, S/O Kisan Rishideo, Both residents of Village-Pipra Hatia Tola P.S. Bammankhi, District Purnea. ----------- 6 4/2/2010 No one appears for the petitioner. From the order of this Court dated 2.3.2009 it is absolutely clear that this application has stood dismissed as against opposite party nos. 2 and 3. The impugned order dated 24.4.2007 is only in respect of Special Trial No.25 of 2005, whereby and whereunder, the learned Judge was pleased to expunge the evidence of P.Ws. 6 and 10. This Court has perused the impugned order from which it would appear that the Court in the circumstances recorded in the order has expunged the evidence of P.Ws. 6 and 10. Such circumstances as set out in the order is that the two persons, namely, Most. Khikhri Devi and Rajesh Rishideo had, after recording of the evidence, appeared before the Court and had taken a plea that they were actually never examined and some one else in their place was examined. The Court has also gone to record that the thumb impression on the requisition of the aforementioned witnesses does not tally with the L.T.I. taken on fardbeyan, affidavit and vakalatnama as also the petitions filed by the two persons. 2 Whatever has been stated by the Court in the impugned order, would only depict a very sorry state of affairs, inasmuch as, the Special Public Prosecutor conducting the prosecution while producing his witnesses had utterly failed in discharging his duty. This Court in his absence however would not like to say anything more in this regard. With the aforementioned observation, this application is dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)