IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22669 of 2009 G.K.AGRAWAL (GIRRAJ KISHORE AGRAWAL), SON OF BANKE LAL AGRAWAL, C/oM/S. SHREEJEE ANALYTICAL LAB LIMITED, SRI SAI MAHAL, PATHAK ROAD, OPPOSITE POST OFFICE, BHAYANDAR (WEST), MUMBAI-400 004 ----- PETITIONER Versus 1. THE STATE OF BIHAR. 2. DEO CHANDRA THAKUR, SON OF LATE ARJUN THAKUR, RESIDENT OF B-136, P.C. COLONY, LOHIANAGAR, P.S. KANKARBAGH, DISTRICT PATNA. ----- OPPOSITE PARTIES ----------- 2 8.10.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The complainant had filed an application to introduce one Chandra Shekhar as a witness to be examined on his behalf stating therein that this Chandra Shekhar had typed the agreement between the complainant and the petitioner. The petitioner opposed the application. By order dated 20.1.2009 the Judicial Magistrate, 1st, Patna allowed the application of the petitioner. Being aggrieved by the order of the Judicial Magistrate dated 11.5.2009 the complainant moved the Sessions Judge, Patna by filing Criminal Revision No. 304 of 2009. Learned counsel for the petitioner submits that the Court below without noticing the petitioner passed an order reversing the order dated 20.1.2009 and held that it is prerogative of the complainant to examine witnesses on his behalf. The objection of the complainant in this Court is that this witness has never been named as a witness in the complaint petition nor examined on S.A. and as such it is highly prejudicial to the petitioner if this witness is allowed to be examined at this late stage in this case. The Sessions Judge, Patna could not have passed the 2 order without hearing the other side. In this case, I am not calling upon the opposite party to appear in this Court and file a reply as it would amount to delay of the entire procedure. I thus remand the matter back to the Sessions Judge, Patna who will hear both the parties and after hearing both the parties perhaps will pass a fresh order in accordance with law. This application is thus disposed of. Sanjay (Sheema Ali Khan, J.)