IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8077 of 2008 Baij Nath Singh, son of Biden Singh, village Bahadurpur, PS and District Arwal – petitioner. Vs. 1. The State of Bihar, 2. Ashok Kumar Singh, son of Pancham Singh, village Bahadurpur, PS and district Arwal – opp. parties. 2 25.1.2010 Heard the parties. This application has been filed for quashing the order, dated 5.9.2007 passed by the Additional Sessions Judge, FTC IV, Jehanabad in S.T. No. 115/2004 arising out of Arwal PS Case No. 119/1990 by which the court has refused to pass an order recalling Brajesh Singh for examination who was also an injured in the above case. On perusal of the order, dated 22.6.2007 it appears that the trial court has permitted the examination of PWs 5, 8 and 11 who are also injured witnesses on the ground that the parties have not compromised the matter. Considering that Brajesh Singh is also an injured witness, I see no reason why he should not be recalled and be treated at par with other injured witnesses who have been recalled for examination. Accordingly the impugned order is quashed and this application is allowed. However, this order is subject to the condition that the matter has not proceeded any further and the case is not at the stage of argument. haque (Sheema Ali Khan, J.)