IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7742 of 2008 SUNIL KUMAR SHARMA Versus 1. STATE OF BIHAR 2. PAPAN SINGH 3. SUGAN SINGH ----------- 4. 26.4.2010. Heard learned counsel for the petitioner and State, no one appears for opposite party no. 2 and 3 despite valid service of notice. The petitioner/informant has prayed for quashing order dated 26.9.2007, passed by the Judicial Magistrate, 1st class, Danapur in Naubatpur Police Station case no. 174 of 2001 rejecting his petition filed under section 311 Cr.P.C. The petitioner submits that prosecution case was closed on 9.11.2006 and next date was fixed on 18.11.2006. On this date, the petitioner filed a petition under section 311 Cr.P.C. stating that he being informant is ready to depose himself as prosecution witness, but the same was rejected, thereafter he preferred revision before learned Sessions judge, Patna which too was dismissed. Learned counsel appearing for the petitioner submits that he may be given one last indulgence to examine himself in the instant case. In view of the aforesaid submission, order dated 26.9.2007 is set aside and petitioner is given one last indulgence to examine himself, provided the matter has not already been heard on merit and kept reserved for delivering judgment. If the petitioner does not turn up for his examination on the date fixed by the trial court, it would be at liberty to proceed - 2 - further. Let the order passed in Naubatpur Police Station case no. 174/2001, pending in the court of Judicial Magistrate, 1st class, Danapur be communicated to the court concerned through fax at the cost of the petitioner. Shashi. (Samarendra Pratap Singh,J.)