IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1732 of 2011 LOUTON SINGH S/O LATE NATHUNI SINGH Versus THE STATE OF BIHAR ----------- 3. 06.04.2011 By an order dated 29.9.2010 Passed by F.T.C.-V, Gopalganj in Tr. No. 566/98 in Kuchaikote P.S. Case No. 97/95 has rejected an application under Section 311 Cr.P.C. The present case pertained to an occurrence of dacoity committed in the year 1995 in which the trial was closed in the year 2006, where after an application was filed under Section 311 Cr.P.C., which was allowed and P.W.1 & 6 were permitted to be recalled. Even though P.W. 1 was cross-examined by the defence, P.W.6 did not turn up for cross-examination. Since the case was closed in the year 2006 itself, I am not inclined to interfere in the same. However, the Trial Court may consider the desirability of expunging the evidence of P.W.6, if she has not been cross-examined at all, since the Court had summoned her for the just decision of the case and she failed to turn up. With these observations the application is disposed off. Fahad. ( Anjana Prakash, J.)