IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9121 of 2010 RAM LAGAN KEWAT s/o Late Murat Kewat, resident of village- Rasalpur Gangti Tola Sikripar, P. S.- Silao, Distt. Nalanda…. 2nd Party-Petitioner. Versus 1. THE STATE OF BIHAR 2. Ram Briksh Nonia, S/o Late Prayag Nonia, resident of village- Bhui, P. S. Silao, Distt. Nalanda…. 1st Party-Respondents. ----------- 2. 18.05.2010 Heard learned counsel for the petitioner and counsel for the State. In the opinion of this Court, the impugned order dated 29.9.2009 closing the evidence of the petitioner, second party in 145 proceeding in the background of the facts of the proceedings does not seem to be correct muchless serving the ends of justice specially when on earlier dates both the parties were absent in the Court. Thus, keeping in view the submissions made by learned counsel for the petitioner that the petitioner in capacity of second party would now no longer seek any further adjournment and would promptly adduce his evidence from the next date, this Court would set aside the order dated 29.9.2009 with a direction to the Executive Magistrate, Rajgir (Nalanda) to record the evidence of the petitioner- Second party, if the proceeding has not yet 2 been disposed of. It is also made clear that if in the meantime evidence of first party has been recorded, the petitioner in capacity of second party would be permitted to complete his evidence within a fixed time frame i.e. within a period of one month from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. Kanchan (Mihir Kumar Jha, J.)