IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20877 of 2007 MUNNA PANDIT, son of Ram Naresh Pandit, resident of village – Gohda, P.S. Ariary, District - Sheikhpura Versus 1. STATE OF BIHAR 2. Rajesh Thakur, son of Sukhdeo Thakur. 3. Bijay Thakur, son of Sukhdeo Thakur. 4. Sukhdeo Thakur, son of late Babulal Thakur. 5. Chanda Devi, wife of Sukhdeo Thakur. 6. Dipu Pandit son of Ashok Pandit. 7. Santosh Mandal, son of Masudan Mandal. 8. Jitendra Kumar, son of Madan Mandal. All residents of Village – Godayia, P S – Ariari, District – Sheikhpura. ----------- 04. 14.05.2009 Heard learned counsel for the petitioner and learned APP for the state. Prayer of petitioner was to summon the Judicial Magistrate as a witness to depose in the case with regard to 164 statement having been recorded by him. By the impugned order the same has been rejected. I find no infirmity because there is nothing to indicate what is special circumstance under which the Judicial Magistrate shall himself certify to prove the 164 statement. The whole object of such a prayer is only to delay the trial. The court has rightly rejected such a prayer. The application is dismissed with a direction that the court shall proceed in the matter in accordance with law. rkp (Ajay Kumar Tripathi, J )