IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40478 OF 2008 1. CHARITAR PRASAD YADAV, SON OF LATE BACHU YADAV 2. KAROO YADAV, SON OF LATE FAULI YADAV 3. BISHUNDEO YADAV, SON OF CHOOTO YADAV ALL ARE RESIDENT OF VILLAGE PURAINI, POLICE STATION ATRI, DISTRICT GAYA …………………………………………………………………………..PETITIONERS VERSUS THE STATE OF BIHAR ******* 2 26/07/2011 This application has been filed challenging the order dated 15.07.2008 passed in Sessions Trial No. 75 of 2006 (Atri Police Station Case No. 104 of 1991) by which the Additional Sessions Judge, Fast Track Court No. III, Gaya has allowed the prosecution to call the witnesses including the informant of the case for examination. The defence Counsel had opposed the prayer on the ground that sufficient time was granted to the prosecution to bring their witnesses, which was not availed by them. It is submitted that compromise was also filed by the parties. It is only with a view to harass the petitioners that this present application has been filed. The case is under Section 364/34 and 386 of the Indian Penal Code. The offences are not compoundable and in the opinion of this Court, the informant is an important witness and has to be 2 examined to support the case. I, therefore, find that in the interest of justice, the order impugned is sustainable, and as such, this application is dismissed. Anand (Sheema Ali Khan, J.)