IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17013 of 2008 MD.IZHARUL & ORS Versus STATE OF BIHAR & ANR ----------- 02. 14.02.2011 Petitioners have challenged the order dated 27.07.2007 passed by learned Judicial Magistrate, Ist Class in Trial No. 2381 of 2007, whereby learned Court below allowed the examination of non chargesheeted witnesses. Petitioners have also challenged the order dated 03.03.2008, whereby revisional Court affirmed the order of learned Judicial Magistrate. It is submitted by Mr. Farukh Ahmad Khan, learned counsel for the petitioner that prosecution could not examine any chargesheet witness except the informant but it has examined all non-chargesheet witnesses who were never been examined under 161 Cr.P.C. There is no doubt that the Court can examine even the non-chargesheeted witnesses but the Trial Court has to consider the relevancy of evidence of the witnesses who have never been examined under 161 Cr.P.C. With the observations made above, the application stands disposed off. Shageer ( Dinesh Kumar Singh,J.)