IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10676 of 2010 MAHESH PANDEY @ MAHESH KUMAR RAKESH SON OF LATE VIRU PANDEY, RESIDENT OF VILLAGE CHAKSAMA (SAHBAZPUR PANDEY TOLA), P.S. SADAR, DISTRICT VAISHALI …… PETITIONER Versus 1. THE STATE OF BIHAR 2. BALESHWAR PANDEY SON OF LATE RAMSHRESTH PANDEY, RESIDENT OF VILLAGE HARAULI, P.S. SADAR HAJIPUR, DISTRICT VAISHALI ….. OPPOSITE PARTIES. ----------- 2. 29.10.2010 The petitioner, who is an accused in Sessions Trial No.372 of 2000 arising out of Hajipur Sadar P.S.case No.127 of 1999 pending before the Additional Sessions Judge, F.T.C. No.IVth, Vaishali at Hajipur, is aggrieved by the order dated 25.2.2010, by which an application u/s.311 Cr.P.C. has been dismissed since the same was belated. It has been submitted that the petitioner had pleaded alibi right from the beginning and even the Investigating Officer had been cross-examined on this point and due to inadvertence the witness in support of the plea of alibi could not be examined. Considering that the purpose of a criminal court is not to find fault with either party and in fact is to dispense justice for which ample opportunity should be given to them, this application is allowed and the trial court is directed to give one opportunity to the petitioner for adducing evidence on his behalf for substantiating the plea of alibi. It is made clear that in case the defence tries to 2 delay the trial in any manner, the same shall not be allowed. Narendra/ ( Anjana Prakash, J. )