IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1902 of 2010 PRADEEP KUMAR YADAV, son of Vikarma Yadav, resident of village – Pokharbhinda, police station- Manjhi, District- Saran .................petitioner Versus THE STATE OF BIHAR ...opposite Party ----------- 2 19-01-2010 Heard learned counsel for the petitioner and learned counsel for the State and perused the order whereby the trial court has given good reasons as to how an old case of the year 1997 is being delayed and is not being disposed of on account of non appearance of the Investigating Officer, PW 1 for further cross- examination on recall. It appears that all steps were taken by the trial court but the Investigating Officer could not be traced and produced. An old case cannot be kept pending indefinitely and the trial court has indicated that the prayer of defence for keeping the case pending for purpose of recall of Investigating Officer is rejected but the defence will not be prejudiced for any contradiction as recorded by the Investigating Officer, PW 1 u/s 161 of the Code of Criminal Procedure. In view of aforesaid facts and the observation of the trial court noticed above, this court finds no good 2 reason to interfere in the matter. This application is, therefore, dismissed. BKS/- (Shiva Kirti Singh, J.)