IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31626 of 2009 KAPILDEO RAI, son of late Jai Rai, village Dharmagat, PS Dariyapur, District Saran – petitioner. Versus STATE OF BIHAR ----------- 2 17.11.2009 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 6.8.2009 passed by FTC III, Chapra in S.T. No. 328/1994 by which the court below has closed the evidence of the prosecution. Learned counsel for the petitioner submits that the last witness Kewali Devi was examined on 30.7.2009 in the case. The petitioner filed an application under section 311 of the Cr.P.C. to call for the doctor and the I.O. to be examined in this case which was rejected on the ground that the I.O. and the doctor were not present on the date fixed by the court. The case is under section 302 of the Penal Code. It is important that proper opportunity should be given to the prosecution to ensure the attendance of the doctor and the I.O. It is also necessary that the court should take proper steps to ensure that the doctor and the I.O. are present in court to give evidence by issuing notices to them, bailable warrant of arrest, informing the Superintendent of Police and the Civil Surgeon-cum-Chief Medical Officer and finally by issuing non-bailable warrant of arrest. The order does not indicate that steps were taken on behalf of the court or that the Addl. P.P. took steps to inform the Superintendent of Police and the Civil Surgeon-cum-Chief Medical Officer to solicit the presence of the I.O. and the doctor for 2 examination as prosecution witnesses. I, therefore, remand the matter back to the court below to take appropriate steps, if not taken already, for examination of the I.O. and the doctor before closing the evidence. This application is disposed of with the aforesaid observation. Learned counsel for the petitioner is permitted to deposit the cost of Fax for communicating the order to FTC III, Chapra in S.T. No. 328/1994.. haque (Sheema Ali Khan, J.)