IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1102 of 2007 RAM KUMAR SINGH Versus THE STATE OF BIHAR & ANR ----------- 3. 19.9.2008 This application has been filed against the order dated 16.8.2007 passed by S.D.J.M., Masaurhi in Masaurhi P.S. Case No. 147 of 2001, thereby the petition filed by the prosecution for examination of the informant under Section 311 of the Cr.P.C. has been allowed. Heard learned counsel for both the parties. It appears from the impugned order that earlier the informant was examined, cross examined and discharged. The case is at the stage of recording the statement of the accused persons. Under the circumstances, I find no justification for recall of the informant. The court below has not properly appreciated the fact and circumstances. A witness cannot be recalled to demolish his earlier statement given in court. Under the circumstances, this application is allowed and the impugned order is, hereby, set aside. The court below is directed to proceed with the trial and conclude the same at the earliest. DKS/ (Ghanshyam Prasad, J)