IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31060 of 2010 1. BINDESHWARI DAS, SON OF LATE MAHABIR DAS 2. SMT. JAYA DEVI, WIFE OF BINDESHWARI DAS 3. BEBEKA DAS, SON OF BINDESHWARI DAS 4. GORE DAS, SON OF SHYAM DAS 5. NANDU DAS, SON OF LATE SUKHDEO DAS 6. MOTI DAS, SON OF LATE SUKHDEO DAS 7. BINOD DAS, SON OF RAMESHWAR DAS ALL RESIDENT OF VILLAGE BARICHAK PATAM, P.S. NAYARAM NAGAR, DISTT. MUNGER ------- PETITIONERS Versus 1. THE STATE OF BIHAR 2. SMT. MAKHO DEVI, WIFE OF SHAKALDEO DAS, RESIDENT OF VILLAGE BARICHAK PATAM, P.S. NAYARAM NAGAR, DISTT. MUNGER. ------ OPPOSITE PARTIES. ----------- For the petitioners : Mr. Pankaj Kr. Sinha, Adv. Mr. Kamal Kishore Jha, Adv. For the State : Mr. Binod Shankar Modi, Adv. 2. 01.03.2011 Heard the parties. The petitioners have sought quashing of the order dated 5.8.2010 passed by the Judicial Magistrate, 1st Class, Munger, in Case No. 430C of 2004 by which he has allowed an application filed by the Complainant for recall of certain witnesses. It has been submitted that despite several notices to the Complainant for production of witnesses after charge, she did not produce them and, thereafter, the case was closed. Once the case was closed, she moved the Revisional Court for setting aside the order but the Revisional Court held the Revision as not maintainable since in his view it was an interlocutory application, but he passed certain observations on the basis of which the Magistrate permitted recall of certain 2 witnesses on payment of fine. It has further been submitted that once the Magistrate had closed the case, he had no powers to recall such an order and reopening of the case was without jurisdiction. Considering this, the application is allowed and the order dated 5.8.2010 passed in Case No. 430C of 2004 by the Judicial Magistrate, 1st Class, Munger, is set aside with the direction to the trial court to conclude the proceeding within a period of four months from the date of receipt of this order. S.Ali ( Anjana Prakash, J.)