IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13147 of 2011 1. Shree Prasad Ram, son of Baijnath Ram 2. Dinanath Sah, son of Late Shambhunath Sah 3. Kusheshwar Yadav, son of Late Bhupi Yadav 4. Mahadeo Mukhia, son of Nagaru Mukhia 5. Satyanarayan Yadav, son of Kusheshwar Yadav 6. Dindayal Sah, son of Late Shambhunath Sah All resident of village – Lalmanpatti, P.S. – Kunauli, District – Supaul. --------- Petitioners. Versus 1. The State of Bihar 2. Ramnarayan Mukhia, son of Ghoghar Mukhia, R/o – village – Lalmanpatti, P.S. – Kunauli, District – Supaul. ------- Opposite Parties. ----------- 02. 20.04.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This is an application seeking quashing of the order dated 28.01.2011 passed in Sessions Trial No. 332/2006 arising out of Kunauli (Nirmali) P.S. Case No. 18/1998 passed by Additional Sessions Jduge, F.T.C. – III, Supaul, refusing the prayer of the petitioners to recall prosecution witness nos. 1, 2 and 3 for their cross examination. From the impugned order, it appears that the three prosecution witnesses were examined, but, intentionally the defence failed to cross examine and in the application seeking recall which is with this record as Annexure – 2 also no explanation has been offered for not cross examining the witnesses. The court below has rightly refused the prayer. Hence, finding no merit in this application. Accordingly, this application is hereby dismissed. Rajeev/ ( Akhilesh Chandra, J.)