IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44054 of 2006 Raj Kishore Singh, Son of Late Sheo Jalak Singh, Resident of Village Bhawanathpur, P.S. Sarai Lakhani, District Mau (U.P.). ---------- Petitioner Versus 1. State of Bihar. 2. Agriculture Production Commissioner-cum-Secretary, Department of Agriculture, Govt. of Bihar, Vikash Bhawan, Patna. 3. Director of Agriculture, Vikash Bhawan, Patna-1. 4. Director Administration-cum-Deputy Secretary, Agriculture Department, Vikash Bhawan, Patna. 5. Director General (Vigilance), Bihar, Patna. 6. Department of Vigilance through its Additional Director General, Bihar, Patna. ----------- Opposite Parties ----------- 35 19.2.2010 Heard learned counsel for the petitioner and counsel for the State as also counsel for the vigilance. The prayer in this application was confined to quashing of the First Information Report. Such prayer of course has become academic in course of time, inasmuch as, the charge-sheet has already been submitted against the petitioner and in fact after taking cognizance, the trial has also progressed. From the report of the trial court dated 24.1.2009, it would appear that even before that date four witnesses had already been examined and four more were required to be examined. 2 In that view of the matter, this Court would direct the trial court to ensure that the trial in this case is concluded within next nine months and if the Vigilance, being the prosecuting agency, does not produce the witnesses, the court below after recording these aspects in the order will close the evidence and deliver its judgment on the basis of existing evidence. Such order has been passed after making counsel for the Vigilance aware of the responsibility of the prosecution in proving its case and therefore, this Court would expect that the Director General of Vigilance will look into it that the prosecution launched in this case does not fail for want of witnesses. With the aforementioned observations and direction, this application is disposed of. Let a copy of this order be given to Mr. Arvind Kumar for its being communicated to the Director General of Vigilance. Rsh (Mihir Kumar Jha, J.)