IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39152 of 2009 DINBANDHU YADAV, SON OF LATE CHOLAT YADAV, RESIDENT OF VILLAGE LILA TELYARI, P.S. BHAWANIPUR, DISTRICT PURNEA. ---- PETITIONER Versus THE STATE OF BIHAR ---- OPPOSITE PARTY ----------- 3 6.1.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order dated 26.10.2009 passed in Sessions Trial No. 169 of 2008, Trial No. 4 of 2009 by the 3rd Additional Sessions Judge, Purnea by which the Court has refused the prayer of the petitioner to wait for examination of the Investigating Officer who is said to have conducted the investigation. Notices were issued to the Investigating Officer through Dasti summons. The Dasti summons was received not by the person concerned but by some other person and he has made a written submission that the man has been transferred from the place of his posting. It has also been said that it has been learnt that he is no more in the world. This Court had already ordered that the trial should conclude within nine months and now the time has already elapsed. The prosecution has taken steps to ensure his presence, but failed for the aforesaid reasons. The submission on behalf of the petitioner that the Investigating Officer is still in service is unsubstantiated by any material. The petitioner would have the liberty to raise any 2 argument with respect to non examination of a vital witness such as the Investigating Officer at the time of the trial if he so desires. At this stage, I do not think it proper to interfere with the order dated 26.10.2009. This application is thus dismissed. Sanjay (Sheema Ali Khan, J.)