IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3855 of 2008 SUNIL SINGH & ANR Versus THE STATE OF BIHAR & ANR ----------- 3. 23.4.2010. I have heard both the sides. I have also heard the learned A.P.P. for the State. The order which gives rise to the present petition is dated 31.5.2005 passed by Sushree Sangeeta, Judicial Magistrate, Ist Class, Nalanda at Biharsharif. The court believes that the officer is no longer posted there and someone has taken over from her and is seized with G.R.Case No.143 of 2002. The court does not have any reason to disturb the order passed on 31.5.2005 as undisputedly the two witnesses Rani Devi and Munni Devi were injured and named in the FIR but had not been cited as witnesses in the chargesheet. The court was taking a correct view when it was recording its satisfaction that the two were necessary witnesses to be examined by the just decision of the case. However, the concern of the court is that the prosecution evidence was closed on 8.4.2004 and it was reopened by allowing a petition under Section 311 of the Cr.P.C. on - 2 - 11.6.2004 and thereafter many rounds of litigations occurred up to the lower revisional court. The present litigation is simply in continuance of earlier round of litigation. I direct that the court which is seized with G.R.case No.143 of 2002 should examine the two ladies in a period of two months from the date it receives a copy of the order or the same is produced before it. The court below shall take steps by issuing appropriate processes for seeking the production of A.S.I. N.Jha, who had investigated the case and also the doctor who had examined the injured whose name could be located either from the chargesheet or from the injury certificates which could be attached to the case diary. The day, the court receives the copy of the order it shall issue processes by drawing an order and ensure that the processes are sent for service on the same day to the appropriate establishments. It shall send the processes against the investigating officer and the doctor to the Superintendent of Police, Nalanda at Biharhsharif along with the copy of this order who shall ensure that the two official witnesses are produced on the day which - 3 - shall be fixed by the court below for their examination. With the above direction, this petition is dismissed. B.Kr. ( Dharnidhar Jha, J. )