IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44589 of 2006 KISHORI RAI Versus THE STATE OF BIHAR & ORS ----------- 11. 13.8.2008. Heard the learned counsel for both the parties. This application has been filed for quashing of order dated 23.9.2006 passed by 7th Addl. Sessions Judge, Bhagalpur in S. Tr. No.19 of 2003 thereby the petition of petitioner filed for examination of certain witnesses has been rejected. The learned counsel for the opposite parties brought to the notice the order passed in Cr.W.J.C. No.717 of 2006 and submitted that the case in question has already been transferred from Bhagalpur to Patna for disposal. In that very decision, option has been given to the prosecution /Spl. P.P. to make prayer for recall of witnesses already examined. Now it is for the prosecution/Spl. P.P. to consider desirability to move trial court for examination or recall of any witness. The petitioner being private party has no locus standi to file petition for examination of any additional witness. The previous trial court has rightly rejected the petition of the petitioner. The learned counsel for the petitioner submitted that since the case has been transferred to Patna, the matter of examination of additional witnesses be left open to be considered by the transferee court. Considered the submnission of the learned counsel for both the parties. In view of changed circumstances as well as order passed - 2 - N.H./ in Cr.W.J.C. No.717 of 2006, the Spl. P.P. shall have also option to make prayer for examination of any additional witness for ends of justice and in that event the transferee court shall consider his prayer in accordance with law. With the above observation, this application is disposed of. ( Ghanshyam Prasad )