IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.39304 of 2010 SHASHI SHANKAR PRASAD @ SHANKAR @ SHASHI SHANKAR, son of Late Sachidanand Prasad, resident of Mohalla- Patel Nagar, Road No.6, Near Gandhi Murti, Sharan Villa Apartment, P.S. Shastrinagar, Dist.-Patna Versus 1. THE STATE OF BIHAR & 2. Vikash Kumar Sinha, son of Sri Virendra Kumar Sinha, Resident of Mohalla- Rajiv Nagar, P.S. Digha, District- Patna …Opposite Parties ----------- 2/ 29.11.2010 Heard the parties. The petitioner has sought quashing of the order dated 29.09.2010 passed by the Judicial Magistrate, 1st class, Patna, in Complaint Case No.1766-C of 2005 by which he has allowed the application of the complainant to examine him under section 311 Cr. P.C. at the pre charge stage. The counsel for the petitioner submits that even though the complainant was present on each date, he chose not to examine himself and it is only when argument was proceeded on behalf of the accused, a petition under section 311 Cr. P.C. was made to examine the complainant. Since there have been repeated decisions on this point that the function of a criminal court is not to find out the fault of either parties, I am of the view that in the interest of justice the complainant should be examined with cost that has been imposed by the trial court. In view of such, I am not inclined to interfere in the matter. The application is dismissed. JA/- (Anjana Prakash, J.)