IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8646 of 2009 SUDISHT SINGH son of Sheo Shankar Singh, Resident of village-Rasatpura, P.S. Doriganj, District- Saran at Chpara ….Petitioner Versus 1. THE STATE OF BIHAR & 2. Vinay Singh son of Late Raghuwansh Singh, Resident of village- Rasatpura, P.S. Doriganj, District- Saran at Chapra. …Opposite Parties ----------- 2/ 30.08.2010 Heard the parties. The petitioner is aggrieved by the order dated 12.11.2008 passed by the Additional Sessions Judge-cum- Fast Track Court No. V, Chapra, in Sessions Trial No.322 of 2006, by which he disallowed the petition filed under section 311 Cr. P.C. for recall of P.W.6, the Investigating Officer. In my view, the prayer should not have been refused and one opportunity should have been given to the accused to cross- examine the Investigating Officer since the cross-examination was essential for just decision of the case. In view of such, this application is allowed and the order dated 12.11.2008 passed by the Additional Sessions Judge-cum- Fast Track Court No. V, Chapra, in Sessions Trial No. 322 of 2006 is hereby set aside with direction to the trial court to afford one opportunity to the petitioner to cross-examine P.W.6. I may comment here that this order was passed on 12.11.2008, by which the accused was refused an opportunity for recall of witness with the obvious intent to conclude the trial at the earliest but the matter has been pending for almost two years and it would have been better had the trial court allowed the prayer of the - 2 - accused for recall of the witness. Application stands allowed. JA/- (Anjana Prakash, J.)