IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28633 of 2008 CHHOTU PASWAN @ CHHATHU PASWAN Versus STATE OF BIHAR ----------- 3/ 06.05.2009 Perused the letter no. 62 dated 23rd April, 2009 of the Additional Sessions Judge, Supaul by which he has sought extension of time for concluding the trial of S.T. no. 263 of 2007 which was directed to be concluded in a period of six months from the date of receipt/production of a copy of the order dated 10.9.2008 passed in Cr. Misc. No. 28633 of 2008. The reason for seeking the extension of time is the non-availability of the doctor namely Dr. Smt. Reeta Mahato who reportedly had proceeded on long leave. The case is under sections 366A and 376 of the I.P.C. and if the learned Judge could consult the provision under section 35 of the Evidence Act and the decision of the Supreme Court in the case of Om Prakash Vs. State of Himachal Pradesh, reported in 2000 Cr. L.J. 1591, he would not have written letter for seeking extension of time. I direct the learned Trial Judge to proceed accordingly in the light of the Supreme Court decision and deliver the judgment without further loss of time. Anil/ (Dharnidhar Jha, J.)