IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21842 of 2011 NARESH SINGH, S/O RAMASHISH SINGH @ TETAR SINGH R/O VILLAGE- BARAHIYA, P.S.- BARAHIYA, DISTRICT- LAKHISARAI ……….Petitioner Versus THE STATE OF BIHAR ………Opposite Party ----------- 2. 13.07.2011 This petition has been filed against the refusal to recall P.W. 6 and 7 for further cross- examination by the learned A.D.J., F.T.C.-IV, Lakhisarai by his order dated 02.04.2011. On a perusal of the impugned order dated 2.4.2011, it transpires that the further cross- examination has been refused on the ground that there is no such provision in law as the petitioner has already exercised his right of cross-examination. It has been submitted on the part of the petitioner that proper cross-examination could not be conducted by reason of the petitioner being of disturbed mind and being in custody. He further states that the process of examination of witnesses is still in progress, as evident from the endorsement in the margin of order dated 2.4.2011, whereby the Doctor and Investigating Officer have been summoned for cross-examination. He further relies on provisions of Section 231 (2) of Cr.P.C. whereby power is available to the court for recall of witnesses. After hearing both the parties, this court is of the view that further cross-examination is required in respect of something as crucial as on the point of occurrence itself, denial whereof is likely to cause serious prejudice to the petitioner and result in miscarriage of justice. In the above view of the matter the order dated 2.4.2011 passed by the learned Trial Court insofar as it rejects the petitioner’s prayer for recall of P.W. 6 and 7 is quashed. A suitable date shall be fixed when the petitioner will be allowed to cross-examine P.W. 6 and 7 on the point of occurrence. Such cross-examination will be concluded with a period of 2 to 3 days thereof. With these observations the petition is disposed of. Fahad. ( Vikash Jain, J. )