IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.56943 OF 2007 RAJENDRA MAHTO, SON OF LATE GARBHU MAHTO, RESIDENT OF MOHALLA SHAHGANJ MUSALLAHPUR, POLICE STATION SULTANGANJ,DISTRICT PATNA VERSUS 1. THE STATE OF BIHAR 2. SHARVAN KUMAR, SON OF LATE MANIK CHAND MAHTO, RESIDENT OF MOHALLA BAHRI BEGUMPUR, DEVI ASTHAN, POLICE STATION CHOWK, DISTRICT PATNA ……………………………………………………………………..OPPOSITE PARTIES ********* 2 05/04/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 19.11.2007 passed in Sessions Trial No. 806 of 2005 by which the Assistant Sessions Judge, Patna City has allowed the informant/prosecution to examine five witnesses who were not named in the charge sheet. From the order dated 19.11.2007, it appears that the informant has named these five witnesses in his evidence and claims that they are important for the purposes of establishing the case under Sections 498A and 306 of the Indian Penal Code. Learned Counsel for the petitioner objects to the fact that the informant has filed the petition. According to the learned Counsel for the petitioner, it is the Public Prosecutor who is entitled to file such application for examination of the witnesses under 2 Section 311 of the Code of Criminal Procedure. In any event, if the Court has found that these witnesses are important for “a just decision of the case”, I see no reason why they should not be examined in this case. On the other hand, it would always be open for the petitioner to raise this question and to argue that since these witnesses are neither mentioned in the charge sheet, nor have they been named as witnesses at the initial stage of the trial, the evidence of such witnesses should not be relied upon. For the present, I am not inclined to interfere with the impugned order. Accordingly, this application is dismissed. However, the Court below is directed to conclude the trial of Sessions Trial No. 806 of 2005 expeditiously. Anand ( Sheema Ali Khan, J.)