IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32046 of 2010 MUNNA MISHRA @ DILIP MISHRA, SON OF LATE GANGA MISHRA @ LAXMIKANT MISHRA, RESIDENT OF VILLAGE – PANAN MAHUAWAN, P.S. KATEYA, DISTT. GOPALGANJ. ------ PETITIONER. Versus 1. THE STATE OF BIHAR 2. KALAWATI DEVI, WIFE OF LATE SUGRIV MISHRA, RESIDENT OF VILLAGE – PANAN KHAN, P.S. KATEYA, DISTT. GOPALGANJ. ----- OPPOSITE PARTIES. ----------- 2. 04.03.2011 Heard the parties. The petitioner has sought quashing of the order dated 12.8.2010 passed by the F.T.C. – V, Gopalganj, in Sessions Trial No. 67 of 2009 by which it has disallowed an application under Section 311 Cr. P.C. for re-examination of PW-2 for further cross-examination. The learned counsel for the Informant has appeared and states that in fact, the re-examination of this witness after such a long time has been sought only on account of the fact that now the witness has been gained over. It appears that PW-2 was examined and cross-examined on 21.4.2009 whereas the application for his recall was filed on 5.8.2010 i.e. after more than a year without any explanation for the same case. The filing of the belated petition for recall of the witnesses apparently is on account of a mala fide reasons and it would not be in the interest of Justice to permit recall. The application is dismissed. S.Ali ( Anjana Prakash, J.)