IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8846 of 2008 UDIT NARAYAN SINGH, son of Late Ekadash Singh, resident of village – Yodhanbigha, P.S. – Sekhopur-Sarai, District – Sheikhpura. -------------- Petitioner. Versus 1. THE STATE OF BIHAR 2. Ram Janam Singh, son of Late Hargovind Singh, resident of village - Yodhanbigha, P.S. – Sekhopur-Sarai, District – Sheikhpura. ------------- Opposite Parties ----------- For the petitioner : Mr. Shivendra Kumar Sinha, Adv. For the Opp. Party : Mr. Pushkar Narain Sahi, Adv. Mr. Ashutosh Singh 2, Adv. ***** 03. 28.04.2010 Heard learned counsel for the petitioner, State and Opposite Party. This application has been filed for quashing of the order dated 15.01.2008 passed in Session Trial No. 11 of 1997 by Additional Sessions Judge, Fast Track Court No. IV, Sheikhpura, refusing to summon one witness Ramesh Kumar, in defence. Since the case is of the year 1997,anxiety of the court below to dispose of the case at the earliest is genuine. However, it appears from the order itself that case was posted for defence evidence on 22.08.2007. Learned counsel for the petitioner undertakes to produce the required witness i.e. Ramesh Kumar at his own. If he is permitted taking into consideration and facts and circumstances, the court below is directed to issue summons etc. against the solitary required witness in defence aforementioned and hand it over them to get it executed and 2 produce the witness within a month from the date of the copy of the receipt of this order. It is further made clear that such summons be handed over to the defence at their own risk, if they failed to produce and examine the witness, the court below shall proceed expeditiously without further delay. With the above observation, this application stands disposed of. Rajeev/ (Akhilesh Chandra, J.)