IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.222 OF 2010 MADHUSUDAN JHA, SON OF LATE TEJ NARAYAN JHA, RESIDENT OF VILLAGE & POST OFFICE HATHAURI, POLIC ESTATION HAYAGHAT, DISTRICT DARBHANGA AT PRESENT RESIDING AT MOHALLA SIKANDAR MAIN ROAD WARD NO. 13, POLICE STATION & TOWN ANCHAL MUSHAHARI, DISTRICT MUZAFFARPUR VERSUS THE STATE OF BIHAR THROUGH C.B.I./SPECIAL, PATNA ******** 2 20/04/2010 Heard the parties. This application has been filed against the order dated 14.10.2009 passed in Special case No. 79 of 1989/R.C. No. 38A of 1988 by which the Special Judge, Central Bureau of Investigation, North Bihar, Patna has rejected the petition under Section 311 of the Code of Criminal Procedure to examine PW 1 Suresh Chandra Gupta, G.E.Q.D, Government of India, Kolkata who has exhibited his hand writing report and reason. On the date on which PW 1 was examined in chief i.e. 18.08.2000, the petitioner was not present in Court and his Counsel, it is said, fell sick and as such no cross-examination was made of PW 1. PW 1 was discharged and thereafter 11 witnesses were examined in this case. After closing the evidence of the prosecution, the defence was called out to adduce evidence. It appears that no evidence was led on behalf of the petitioner and eventually, the accused were examined under Section 313 of the Code of Criminal 2 Procedure. An application had been filed to recall PW 1 after ten years, which is absolutely unwarranted and unjustified. This Court finds that such an application is frivolous and had been filed for the purposes of delaying the entire trial. I see no illegality or irregularity in the order impugned. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)