IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13145 of 2011 GOPAL THAKUR, Son of Ram Kishun Thakur, Resident of Village Khuguni, P.S. Ramgarhwa, District East Champaran at Motihari. ……..Petitioner Versus THE STATE OF BIHAR ……..Opposite Party ----------- 02/- 20-04-2011 Heard learned counsels representing the parties. This is an application under Section 482 of the Code of Criminal Procedure, seeking quashing of the order dated 08.03.2011 passed by Additional Sessions Judge, F.T.C. Ist, Motihari in Sessions Trial No. 14 of 1991 refusing the prayer of the petitioner to be examined as prosecution witness under Section 311 of the Code of Criminal Procedure. Undisputedly, in this twenty years old Sessions Trial arising out of Ramgarhwa P.S. Case No. 1 of 1986, petitioner is the injured witness and as is evident from the impugned order the trial commenced on 01.10.1994, but four prosecution witnesses only could have been examined. Though, according to learned counsel for the petitioner only two prosecution witnesses have been examined and statements of the accused persons were recorded under Section 313 of the Code of Criminal Procedure. Meanwhile, prayer was made by the petitioner stating lack of information and confidence deposed upon the informant, who as submitted, has turned hostile, the petitioner could not approach the court earlier. Taking into consideration the huge delay and stage of the 2 case, court below has refused the prayer. However, in view of the fact that petitioner is one of the injured witness one conditional opportunity may be granted to him. The petitioner shall renew the prayer before the court below within a week from the date of communication of the order and deposit of a sum of Rs. 1,500/- (One Thousand Five Hundred) as cost for the delay caused and on filing such application, the trial court shall examine the record. In case, no due/personal service of summons issued against the petitioner to appear as witness is on record, on the very next date fixed for the purpose, the petitioner shall produce himself be examined as prosecution witness, in case of his failure to do so, no further opportunity shall be given. Taking into consideration the facts and circumstances aforementioned and quick disposal of the case, no notice to other parties is required at this stage, this application stands disposed of with the aforesaid liberty. Let, a copy of this order be communicated to the court below through FAX at the cost of the petitioner. Praveen/- (Akhilesh Chandra, J.)