IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26531 of 2006 BINDA RAI Versus STATE OF BIHAR AND ANOTHER ----------- 5. 26.8.2008. Heard the learned counsel for the petitioner as also the learned counsel for O.P. No.2 and the learned A.P.P. for the State. Through this application, the petitioner has prayed for the quashing of the order dated 10.5.2006 passed by the learned Ist Additional Sessions Judge-cum- Special Judge, Vaishali at Hajipur , in Sessions Trial No.53 of 1991(arising out of Vaishali P.S. Case No.8 of 1990), whereby he has rejected the petition dated 1.9.2005 filed on behalf of defence for recall of some of the prosecution witnesses under the provisions of Section 311 Cr.P.C. for further cross examination on the point of compromise. It is accepted between the parties before me that a compromise has been arrived at between them and recall of the witnesses would be necessary for this purpose. In view of the compromise having been arrived at between the parties , the defence is directed to file a fresh petition formulating the questions to be put to the witnesses and the learned trial Judge while considering the same will form his opinion as to whether answers to such questions would amount to the witnesses resiling from their earlier statement and could reject the application and if no such possibility arises then he may in his own discretion allow the recalling of the prosecution witnesses only for the limited purpose of cross examining them on the questions framed and shall pass orders - 2 - in accordance with law. With the aforesaid observations, this application is disposed of. P.S. (Abhijit Sinha,J)