IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24117 of 2009 MITHILESH PRASAD, son of devanand Prasad, village Kalanaur, PS Makhdumpur, district Jehanabad – petitioner. Versus STATE OF BIHAR ----------- 2 18.1.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 13.5.2009 passed by the Additional District & Sessions Judge, Jehanabad in S.T. No. 182/2006, arising out of Makhdumpur PS Case No. 27/2005, by which the petition filed by the Additional P.P. under section 311 of the Code of Criminal Procedure to examine witnesses has been allowed after closure of the evidence on the ground that it would be proper in the ends of justice to allow the witnesses to depose in the case. I do not see any illegality in the impugned order. However, the court below should fix a date so that the witnesses are examined on day to day basis and the evidence should be closed within fifteen court working days. If the witnesses do not appear on the date fixed by the court, the court should proceed and decide the case. This application is disposed of with the aforesaid observation and alteration in the order, dated 13.5.2009. Counsel for the petitioner may deposit the cost of Fax for communicating this order to the aforesaid court. haque (Sheema Ali Khan, J.)