IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.56932 OF 2007 RAM EKBAL PASWAN, SON OF LATE KAMAL PASWAN, RESIDENT OF VILLAGE CHAILAHA, POLICE STATION BANJARIYA, DISTRICT EAST CHAMPARAN VERSUS THE STATE OF BIHAR ******* 2 06/04/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed challenging the orders dated 07.04.2007 and 13.08.2007 by which the Court has rejected the application filed on behalf of the complainant to examine further witnesses in this case. Apparently, the complainant had earlier also defaulted and had not produced any witnesses in support of his case. The evidence was closed by the Trial Court. The order was challenged by filing Criminal Revision No. 205 of 2007, which was disposed of by order dated 23.12.2006 with a direction to the Court below to fix three subsequent dates in this case for producing the witnesses and the accused were directed to co-operate in the case. On the dates fixed, the complainant/petitioner could not examine the witnesses. For the second time, an application has been filed under Section 311 of the Code of Criminal Procedure which has been rejected by the Trial Court vide order dated 07.04.2007 stating the aforesaid facts. The Court has 2 made all efforts that the complainant should be able to produce his witnesses and gave him opportunities time & again. The process of the Court has to be followed in a particular manner. Latches, delays and the like should not be tolerated by the Court. The provision under Section 311 of the Code of Criminal Procedure is for the purpose of summoning a person as a witness for examining or recalling or re-examining him. It does not envisage that the complainant should not produce any witness and repeatedly make prayers under Section 311 of the Code of Criminal Procedure. The orders impugned passed in Complaint Case No. 1993 of 2003, Trial No. 735 of 2007 by the Chief Judicial Magistrate, Motihari and Criminal Revision No. 205 of 2007 by the Sessions Judge, East Champaran do not suffer from any illegality or irregularity and there is no infirmity in the reasons of the orders of the Subordinate Courts. This application is thus dismissed. Anand ( Sheema Ali Khan, J.)