IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43052 of 2007 1. EHSAN ANSARI 2. ALAUDDIN ANSARI 3. KAMRUDDIN ANSARI --- PETITIONERS Versus 1. STATE OF BIHAR 2. MD.TOHID ANSARI -- OPP.PARTIES. ----------- 03 23.08.2010 Present application has been filed questioning the sustainability of the order dated 03.09.2007, whereby learned trial Court, on an agreement reached between the prosecution and the accuseds summoned two witnesses, namely, Bhim Yadav and Abid Ansari to be examined in the case on behalf of the prosecution. Learned counsel for the petitioners submits that these persons were not previously examined by the police in course of investigation. It is contended that admittedly from the application filed on behalf of the prosecution it would appear that they are not eyewitnesses to the actual occurrence. Mr. Ajay Mukharjee, appearing on behalf of the opposite party no.2, on the other hand, submits that the order was passed with the consent of the parties and as such this Court, in the interest of justice, may not interfere therewith. It is next submitted that the prosecution evidence was not closed when the application was filed and pressed.. The Investigating Officer is yet to be examined in this Case. It is contended that by summoning two witnesses no prejudice shall be caused to the petitioners as they will have adequate opportunity to cross-examine them and criticize their evidence at the 2 appropriate stage of the trial. I have heard the submissions advanced on behalf of the parties. Since the order impugned itself records that the same has been passed with the consent of the parties, this Court is not inclined to interfere therewith. The application is, accordingly, dismissed. Sym. ( Kishore K. Mandal, J.)