IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49612 of 2006 BIRENDRA THAKUR S/O GUNJAR THAKUR,RESIDENT OF VILLAGE- DEULIA, TOLA, BABHANI, P.S. RAM NAGAR, DISTRICT- WEST CHAMPARAN. Versus 1. THE STATE OF BIHAR 2. GIRISH YADAV 3. HAZARI YADAV 4. SHYAM SUNDAR YADAV 5. ARJUN YADAV ALL S/O MAHANTH YADAV, R/V CHAMUA, P.S. SHIKARPUR, DISTRICT WEST CHAMPARAN 6. MAHANTH YADAV 7. KESHWAR MAHTO S/O KADAI MAHTO, R/V BABHANI, P.S. RAM NAGAR, DISTT. WEST CHAMPARAN. ----------- 12. 17.3.2010. The present petition has been filed against the order dated 7.9.2006 whereby petition filed under section 311 of the Code of Criminal Procedure for summoning some of the witnesses was refused by the court below. It appears that by order dated 20.6.2006 passed in Cr.Misc. No.29517 of 2005 this court had directed to examine the witnesses within a period of one month. Mr. Anaad Kishore Chaudhary, learned counsel for opposite party no.2 opposing the present petition, submits that only with a view to keep the case pending against them, the complainant is lingering the proceeding and in that move, he had filed a petition for summoning some of the witnesses under Section 311 of the Cr.P.C. The impugned order indicates that while rejecting the petition filed by the complainant, the learned court below had observed that for a long period the proceeding is being dragged and as such his prayer was rejected. I do not find any irregularity or illegality in the 2 impugned order. There is no merit in the petition. Accordingly, the petition stands rejected. Md.S. ( Rakesh Kumar, J.)