IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9862 of 2010 1. BAIDYANATH YADAV, SON OF MADHURI YADAV 2. BHAGWAN PRASAD YADAV, SON OF RAM PRAKASH YADAV BOTH RESIDENTS OF VILLAGE – SHAHPUR, P.S. ROSERA, DISTT. SAMASTIPUR, BIHAR ------- PETITIONERS. Versus THE STATE OF BIHAR ----------- 2. 03.12.2010 Heard the parties. The petitioners have sought quashing of the order dated 22.2.2010 passed by Additional Sessions Judge, Fast Track Court – Vth, Samastipur, in Sessions Trial No. 336 of 1993 by which he has allowed an application under Section 311 Cr. P.C. From the perusal of the impugned order it appears that the case was of the year 1992 in which the Investigating Officer and the Doctor were summoned way back in the year 2007 despite which they did not appear. In this background the trial court committed an error in allowing the prosecution unnecessary indulgence. In view of such, this application is allowed if the Doctor and the Investigating Officer have not yet been examined as yet. S.Ali ( Anjana Prakash, J.)