IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9373 of 2008 1. RAJENDRA SETH, son of Gajadhar Seth, Resident of Darwan Stuwarganj, P.S – Mohania District – Kaimur at Bhabhua. ------------------ Petitioner. Versus 1. THE STATE OF BIHAR 2. Jalil Ahamad, son of Late Lal Muhammd, Resident of Darawan Stuwarganj, P.S. – Mohania, District – Kaimur. ---------------- Opposite Parties. ****** For the petitioner : Mr. Arbind Nath Pandey, Adv. For the State : Mr. Abhay Kumar, APP. ****** 04. 28.04.2010 Heard learned counsel for the petitioner, State and opposite party. This application has been filed for quashing of the order dated 28.08.2007 passed in Criminal Revision No. 199 of 2006 by order dated 20.10.2006 by Sessions Judge, Kaimur, passed by trial court in complaint case no. 653 of 1999, refusing the prayer made under Section 311 of Criminal Procedure Code by the applicant to examine himself being complainant in the case. The relevant fact of the case is that complaint was filed in the year 1999, accusation was explained to the accused persons in the year 2002. Two witnesses only were examined by the end of the year 2005, thereafter, prosecution case was closed and inadvertently the matter was posted for hearing on the point of charge. However, - 2 - on the due date it was rectified and statement of the accused persons was recorded. At this stage, the complainant petitioner prayed to get himself examined and some documents be produced and exhibited prayer was refused by the Trial Court as well as by the relevant court. During the course of argument, learned counsel for the petitioner submitted that the complainant is the only person now left to be examined and the documents proposed to file are public documents needs no further evidence to get them exhibited. He is also ready to compensate to the opposite party monetarily for the delay caused. Normally opposite party should be heard by issuing notice but taking into consideration that the case before the court below has already travelled more than 10 years and petitioner is ready to compensate the opposite party and also undertakes not to cause any further delay. It is directed that petitioner shall produce himself as a witness on the date fixed by the court below and also file proposed documents. Simultaneously, he will also pay Rs. 1,000/-, 50% of which shall be deposited in the District Legal Services Authority, and 50% shall be paid to the - 3 - opposite party. The court below shall ensure recording of statement of the complainant within a fortnight of the receipt of the copy of this order and thereafter dispose of the case preferably within a month. In case complainant petitioner fails to comply either of the order the liberty granted shall be deemed to be taken of. With this observation, this application stands disposed of. Let a copy of the order be transmitted to the court below through Fax at the cost of the petitioner. Rajeev/ (Akhilesh Chandra, J.)