IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37998 of 2009 SANJAY KUMAR SINGH SON OFMAHESHWAR SINGH, R/O VILLAGE MORSAND, P.S. RUNNI SAIDPUR, DISTT. SITAMARHI. -----PETITIONER Versus STATE OF BIHAR ----------- 2. 30/10/2009 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner is aggrieved by the order dated 23.7.2009 passed by Sri R.P. Choubey, Addl. Sessions Judge-cum-Fast Track Court No. III, Sitamarhi, by which the court below has closed the evidence of the witnesses. It is submitted on behalf the petitioner that an application was filed on 29.9.2008 for recall of PWs-1, 2, 3 and 4. In this case, it is admitted that the informant has turned hostile. PW-1 was examined in the year 2007 whereas the evidence of PW-4 was closed on 12.12.2007. The ground taken for recalling the witnesses in the court below was that the Senior Counsel had fallen ill in Delhi and therefore the Junior counsel could not conduct the cross-examination to the satisfaction of the petitioner. The petitioner has not stated as to how long the counsel was ill and why he did not take step to file application for recalling witnesses between April to December, 2007. Learned counsel for the petitioner further submits that in fact, the matter has been compromised and the informant has turned hostile. This fact can be argued at the time of final argument, it would be open for the petitioner 2 to demonstrate that no offence is made out under Section 307 and as such the case is compoundable or to argue any other legal aspect of the matter. In the facts as aforesaid, I find that no ground has been made out to file the petition for recalling of witnesses (PW-1 to PW-4). I, therefore, find that there is no illegality in the order of the Additional Sessions Judge, Fast Track Court No. III, Sitamarhi passed in Sessions Trial No. 236 of 2005 arising out of Runni Saidpur P.S. Case No. 365 of 2004. This application is accordingly disposed of. S.Ali (Sheema Ali Khan, J.)