IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30320 of 2010 BULU CHAUDHARY @ CHANDRA SHEKHAR CHOUDHARY S/O LATE RAM NEHORA CHAUDHARY, R/O- VILLAGE- MASAHI, P.S.- MEJARGANJ, DISTRICT- SITAMARHI ……………… Petitioner Versus 1. THE STATE OF BIHAR 2. RAM JANAM SINGH S/O LATE RAJDEO SINGH, R/O VILLAGE- BINMA TOLA MEHSAUL, P.S. & DISTRICT- SITAMARHI ……………….Opposite Parties ----------- 2. 01.03.2011 Heard the parties. The petitioner has sought quashing of the order dated 09.06.2010 passed by Addl. Sessions Judge, F.T.C.-I, Sitamarhi in Sessions Trial No. 60 of 2007, by which an application under Section 311 Cr.P.C. filed on behalf of the prosecution has been allowed for examination of five witnesses. It has been submitted that for the same occurrence two cases were instituted; while one case was instituted by the petitioner in which charge sheet was submitted and another instituted by the opposite party no.2 which ended in a final report, where after on the basis of protest cum complaint petition, cognizance was taken. However, before cognizance was taken even though five witnesses were named in the petition of complaint only one of them appeared where after additional list of six witnesses was given out of which only one turned up during the inquiry under Section 202 Cr.P.C. on which cognizance was taken. During trial seven witnesses were examined on behalf of the complainant in which only one of them supported the case of the prosecution and when the case was closed an application under Section 311 Cr.P.C. was filed for examination of additional five witnesses. In the facts of the case, it is desirable that only the informant/ complainant be permitted to be examined before the court below and no additional witness should be allowed since they were not named in the First Information Report nor in the complaint and their examination would only prolong the work of the Trial Court without yielding any fruitful result. In view of such, the application is allowed to the extent noted above. It is made clear that only one date should be given for examination of the informant/complainant and he does not require any further notice by the Trial Court since he undertakes before this court for his appearance before the court below. Let him appear within 15 days of the receipt of this order. On his appearance his examination and cross-examination should be done and in no case further indulgence be given to him. Application stands disposed off. Fahad. ( Anjana Prakash, J. )