IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41002 of 2009 1. Dhanjee Singh, son of Munshi Singh, 2. Bihari Singh, son of Dhani Singh, both of village Mirjapur, PS Dawat, district Rohtas – petitioners. Vs. 1. The State of Bihar, 2. Sona Devi, wife of Kapil Singh, 3. Manju Devi, wife of Binod Singh, both of village Mirjapur, PS Dawat, district Rohtas – opp. parties. 3 16.3.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 15.10.2009 passed by the Additional Sessions Judge Ist, Rohtas in S.T. No. 385/2002, arising out of Dawat PS Case No. 39/2001, by which the court has rejected the petition to recall PWs 1 and 2 for the purpose of cross examination by the defence. The reasons for which the defence wants to examine the witnesses are whether they are next door neighbours, co-villagers, whether they had tried to conceal their identity, source of identification, manner of identification, on the point of place of occurrence, injuries caused and the like. An application has been filed on 30.11.2006. It appears that despite the fact that more than three years have elapsed, the case has not proceeded any further and no other witnesses have been examined by the prosecution. In view of the aforesaid fact I do not see any reason why the defence should not be permitted to cross examine the witnesses in this case despite the delay. In the peculiar facts of this case, I direct that the trial court should permit the defence to recall PWs 1 and 2 on their own 2 cost and them an opportunity to cross examine them without any further delay. The trial court is also directed expedite the trial. This application is allowed. haque (Sheema Ali Khan, J.)