IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2789 of 2009 VIDYA NAND MISHRA, son of Sri Shyam Nandan Mishra, village Madhuwan, PS Paliganj, District Patna. Versus STATE OF BIHAR ----------- 2 13.4.2010 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 1.9.2008 passed by the Sessions Judge, Patna in Cr. Revision No. 647/2007 affirming the order, dated 27.8.2007 passed by the Judicial Magistrate, Ist Class, Danapur in Complaint Case No. 592©/1996. In this case the evidence of the witnesses were closed on 2.7.2003. Thereafter, a petition was filed under section 311 of the Cr.P.C. which was allowed. A revision petition was filed against the order, dated 2.7.2003 which was allowed to the extent that the cost was exempted. A second application has been filed that the complainant should be permitted to examine Brahmanand Kishore in this case. On examination of the facts of this case I find that although charges were framed in 2000, the complainant managed to drag this case for one reason or the other. Even on an earlier occasion a prayer had been made for recall of certain witnesses which was allowed. At that time the petitioner did not make a prayer that Brahmanand Kishore should be called during the trial to be examined as a witness. In this manner the complainant has tried to cover up the 2 lacunae which cannot be permitted. This application is dismissed. haque (Sheema Ali Khan, J.)