IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30809 of 2010 RABIA DEVI WIFE OF LATE JAI NARAYAN DAS, RESIDENT OF VILLAGE NAULA, POLICE STATION BHAGWANPUR, DISTRICT BEGUSARAI …… PETITIONER Versus THE STATE OF BIHAR ----------- 2. 3.3.2011 The petitioner has sought quashing of the order dated 8.7.2010 passed by the Additional Sessions Judge V, Begusarai in Sessions Trial No.147 of 2006, by which he has refused an application u/s.311 Cr.P.C. It has been submitted that the examination of the three witnesses sought on behalf of the prosecution were essential for the just decision of the case and, therefore, the non-examination would prejudice the case of the prosecution. On specific query by this Court, it is informed, that out of the three witnesses two of them are the police officials and one is a doctor. One of the police officers is scribe of the fard beyan, whereas the doctor had initially examined the injured. On a proper appreciation of the facts of the case, in my opinion, the non-examination of the initial doctor, in the fact, that the doctor, who had held the postmortem examination had been examined in the case, will not prejudice the prosecution. Further scribe of the fard beyan is also not essential for the just decision of the case. - 2 - In view of such, I find no merit in the application. The same is dismissed. Narendra/ ( Anjana Prakash, J. )