IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2557 of 2008 DR.NAGENDRA PRASAD SINGH Versus 1. THE STATE OF BIHAR & 2. RAGHUNATH CHAUDHARY ----------- 4 29.04.2010. Heard learned counsel for the parties. The petitioner prays for quashing order dated 26.10.2007, passed by the Sessions judge, Sitamarhi in Cr.Rev.No.184 of 2007 refusing to set aside order dated 4.8.2007, passed by the Judicial Magistrate, 1st class, Sheohar at Sitamarhi in Trial no. 622 of 2007/ GR 1137 of 1998 by which he refused to recall the witnesses i.e. pw 1 to 6. Informant filed complaint case under sections 420, 469,467,323,379/504. In trial, PW 1 to 6 were examined. Pw 6, the last witness was examined on 26.9.2001 and cross examined on 27.9.2001. Thereafter, on the request of petitioners, pw 6 was recalled and further cross examined. Thus cross examination concluded on 17.9.2004, whereafter the petitioner filed a petition dated 12.10.2004 to recall witnesses which was rejected by the trial court. The petitioner filed Revision before the Sessions judge, being Cr.Rev.No.223 of 2005. The learned Sessions judge observed that a petition to recall witness could never be a final order, as the witness could be recalled for cross examination later on in the proceedings or at the stage of section 243(2) Cr.P.C. Order refusing to recall witness is always interlocutory. The trial court vide order dated 4.8.2007 rejected the - 2 - petition and observed that no new fact has been brought before the court by the accused persons. As such, I do not find any illegality in impugned order rejecting the application to recall all the Pws for cross examination who were cross examined in 2001. The instant petition is dismissed. Shashi. (Samarendra Pratap Singh,J.)