IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45625 of 2009 RAJENDRA PRASAD, son of Late Ganesh Prasad, village Malati, PS Asthawan, District Nalanda – petitioner. Versus THE STATE OF BIHAR THRU. VIG. DEPT, PATNA. ----------- 4 17.2.2010 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 3.12.2009 passed by the Special Judge, Vigilance Trap, Bihar, Patna in Special Case No. 74/2006, arising out of Vigilance PS Case No. 98/2006, by which the court has refused to allow the application filed under section 311 of the Code of Criminal Procedure. The fact is that PW 7 Rekha Kumari has been examined and cross examined at length to prove the forensic science laboratory report. The contention of counsel for the petitioner is that she is not a competent witness or qualified or empowered to conduct the examination and to give F.S.L. report in this case. On the last occasion this court asked the State counsel to seek instructions with respect to the notification regarding the competence of Rekha Kumari to be examined as an expert witness. The instructions received on behalf of the Director, Forensic Science Laboratory indicates that the Director Incharge had authorized PW 7 to give evidence in court and had also signed on the report. In any event the defence can adduce whatever evidence they found fit and proper with respect to the competence of PW 7 in the trial and the court will decide this aspect in view of the evidence 2 led. It is a pure question of law and, therefore, I do not find it proper that PW 7 should be recalled for examination in this case. This application is thus dismissed. haque (Sheema Ali Khan, J.)