IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8444 of 2010 MAHANT RAM PRAVESH DAS S/O LATE RAM JATAN DAS, RESIDENT OF MOHALLA COURT BAZAR, WARD NO.21 (OLD)16(NEW), P.S. SITAMARHI, DISTT. SITAMARHI …. PETITIONER Versus THE STATE OF BIHAR ----------- 3. 3.12.2010 The petitioner has sought quashing of the order dated 18.1.2010 passed by the Judicial Magistrate, 1st class, Sitamarhi in Trial No.1496 of 2010 arising out of Sitamarhi P.S. case No.17 of 1996, by which he has allowed the prayer of the prosecution to examine four witnesses. From the order impugned, it appears that the last witness was examined on 15.4.2002 and it has been submitted that thereafter the case was closed and it was fixed for final arguments, whereafter much later on 22.12.2009 an application was made on behalf of the prosecution to examine four witnesses. Considering that even after 30.6.2005 when the accused finally appeared once again before the court for the next four years, no steps were taken by the prosecution. In my view, an indulgence should not have been given to the prosecution to delay the trial in the manner it has done. In view of such, the application is allowed and the order dated 18.1.2010 passed by the Judicial Magistrate, 1st class, Sitamarhi in Trial No.1496 of 2010 arising out of Sitamarhi P.S. case No.17 of 1996 is quashed. Narendra/ ( Anjana Prakash, J. )