IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38233 of 2008 Thakur Prasad Mishra Son of Late Tapsilal Mishra, resident of village- Bishunpur, Bagh Nagri, P.S. Sakra, District- Muzaffarpur. Versus 1. The State Of Bihar. 2. Ram Pravesh Mishra son of Late Munilal Mishra, resident of village- Bishunpur, Bagh Nagari, P.S. Sakra, District- Muzaffapur. ----------- 2 21.07.2011 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. This application has been filed challenging the order dated 08.07.2008 passed by A.D.J., F.T.C.-I, Muzaffarpur, by which he has rejected the application on behalf of the informant under Section 311 Cr.P.C. to call for the two witnesses namely Usha Devi and the Investigating Officer. The occurrence is of the year 1986. The allegation is against three accused persons out of which two persons have died during the pendency of this trial. The prosecution was given several opportunities to produce the I.O. and the said Usha Devi to be examined in Court. However, he failed to do so and the case is ready for argument. This application has been filed for the second time by the informant to call for the two witnesses. The Court has observed that after the evidence was closed, accused was examined under Section 313 Cr.P.C., and after the case is ready for argument it would not be proper for the Court to pass any order for production of the I.O. and Usha Devi, who have failed to appear in this case, for several years. 2 I completely agreed the reasonings of the Court below and thus this application is dismissed. Md. Ibrarul ( Sheema Ali Khan, J.)