IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14073 of 2007 MOHD.KAISER & ORS Versus THE STATE OF BIHAR & ANR ----------- 6 24.4.2009 Heard learned counsel for the parties. This is a case of the year 1996 in which trial has been going on and it seems that the petitioners are not interested in allowing it to reach its finality. Petitioners are challenging the order dated 5.7.2005 which has been passed in Sessions Trial No. 139 of 1997 by 3rd Additional Sessions Judge, Katihar when their application for recalling of P.W.7 has been rejected. I do not find any illegality in the order of refusal since there are cogent reasons. The Court is of the considered opinion that the petition filed by the petitioners before the court below as well as the quashing application before this Court is with the view to delay the trial. On earlier occasion also after filing of quashing application (Cr. Misc. No. 36461 of 2005) no effort was made to press that application resulting in its dismissal for non- prosecution on 2.2.2006. No step for restoration of that application had been taken. Even the prayer for quashing the order dated 5.7.2005 was assailed at least after two years and the fact therefore speaks for itself. This application has no merit and it is dismissed. RPS (Ajay Kumar Tripathi,J.)