IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12656 of 2008 MAQSOOD ALAM son of late Islam Dewan, Resident of village-Bhataura, P.S.-Shikarpur, Dist.-West Champaran ….. …..Petitioner Versus STATE OF BIHAR ……. ….. Opp. Party. ----------- 2. 21.6.2010. No one appears on behalf of the petitioner. Learned counsel for the State is present. The petitioner has prayed for quashing of the order dated 5.2.2008 passed in Sessions Trial No.311 of 2004 arising out of Shikarpur P.S. Case No.244 of 2003 by F.T.C.-III, Bettiah, West Champaran. By the said order the learned Judge has directed for examining the witness, namely, Chandni Parween as a witness under section 311 of the Code of Criminal Procedure. From the record, it appears that initially first information report vide Shikarpur P.S. Case No.244 of 2003 was registered for the offence under section 302/34 of the Indian Penal Code and section 27 of the Arms Act on the fardbeyan of one Sairul Nesha in which it was alleged that while she was sleeping with her two daughters which includes Chandni Parween, her husband was killed by the brothers of her husband and other accused persons. After investigation, the police found that the informant was herself involved in the said crime and, accordingly, the informant was forwarded for facing trial, as has been stated in the petition. During trial the prosecution had filed a petition on 5.2.2008 to give up examination of the witness, namely, Chandni Parween. However, the learned Sessions Court under section 311 2 of the Code of Criminal Procedure directed to examine Chandni Parween as a witness. The learned court in its order has recorded that the witness, namely, Chandni Parween was sleeping in the room where murder had taken place. On perusal of the materials available on the record, I am of the opinion that the learned Sessions Court has rightly directed to examine Chandni Parween as a witness under section 311 of the Code of Criminal Procedure. As such, I do not find any defect in the impugned order. Accordingly, the petition stands dismissed. Md.S. ( Rakesh Kumar, J.)