IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43737 of 2010 JITENDRA LAL Versus THE STATE OF BIHAR ----------- 3. 23.2.2011 Heard both sides. If it is true that nine witnesses who were examined by the prosecution were not supporting the prosecution charges and on that account they were declared hostile, then this Court does not appreciate as to why to go on to examine the Investigating Officer or record the statement of the accused as there may not be any circumstances appearing from the evidence requiring any explanation from the accused persons. Likewise, in a case of the present nature, as was submitted, there may not be a justification for delivering judgment after hearing arguments of the parties. The learned trial Judge would please note that the provision of Section 232 Cr. P.C. has to be taken resort to for disposing of the case. There is a Standing Instruction from this Court also that in the case of the witnesses turning hostile the lower court may not go on to seek production of official witnesses, like, the Investigating Officer and the Doctor and should simply shut down the case of prosecution and proceed to dispose it of. The Court believes that the learned trial Judge acts accordingly and does not go on with such meaningless prosecution and disposes of the case with ado. This petition is disposed of in expectation that the learned trial Judge disposes of the case as per the Court’s 2 expectation. Learned counsel for the petitioner is directed to produce a copy of this order before the trial Judge. Office of this Court is also directed to transmit this order to the court below. Kanth ( Dharnidhar Jha, J.)