IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46949 of 2007 PARMILA DEVI, Wife of Late Babu Lal Mandal, resident of Village- Sajour, P.S. Shahkund, District-Bhagalpur ---------------------- -- Petitioner Versus 1. THE STATE OF BIHAR 2. RAMDEO MANDAL, son of Late Chabilal Mandal, resident of Village- Sajour ( Upar Tola), P.S. Sahkund, District- Bhagalpur ------------- Opp.Parties. ----------- 04 15-03-2010 The petitioner has prayed for quashing of the order dated 16.8.2007 passed by Sri M.M.Chaudhary, Addl.Sessions Judge-cum-F.T.C. No.V, Bhagalpur in Sessions Trial No.3 of 1999, whereby the court had rejected the petition filed under Section 311 Cr.P.C. by the petitioner for re-examining some of the witnesses. In this case by order dated 18.9.2008 further proceeding in Sessions Trial No.3 of 1999 pending in the court of Addl.Sessions Judge-cum- F.T.C.V, Bhagalpur was ordered to remain stayed. I have perused the impugned order. From the impugned order, it appears that the witnesses, who were already discharged long back in the month of February - 2 - 2001, were prayed to be re-examined by the defence and petition under Section 311 Cr.P.C. was filed. In the trial, last witness was discharged on 18.5.2004 after being examined by the prosecution and since then the accused persons on one way or the other had dragged the matter for a quite long time. As per the impugned order, the case was pending for examination of accused under Section 313 Cr.P.C. I do not find any infirmity in the impugned order. There is no merit in this application and, as such, petition stands rejected. Since the petition stands rejected, the order of stay dated 18.9.2008 passed by this Court stands automatically vacated. Since the matter is pending for a quite long time, it is desirable to direct the court below to expedite the conclusion of the trial. Let this order be communicated forthwith. NKS/- ( Rakesh Kumar, J)