IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51227 of 2008 RAJU CHAUDHARY, SON OF SATYANARAYAN CHAUDHARY, RESIDENT OF DAUDNAGAR CHAKGADO, P.S. BIDUPUR, DISTRICT VAISHALI. ---- PETITIONER Versus 1. THE STATE OF BIHAR 2. ARUN KUMAR GUPTA, SON OF BENGA SAH, RESIDENT OF MEENA BAZAR/DURGA CHARAN LANE, SADIQBAZAR, P.S. ALAMGANJ, DISTRICT PATNA. ---- OPPOSITE PARTIES ----------- 2 12.11.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for recall of P.Ws. 2, 3, 4, 5, 7 and 17. The ground raised on behalf of the learned counsel for the petitioner is that the case is one of circumstantial evidence and it is stated that blood spot was found in the house of this petitioner whereas the body was recovered from a different place. Learned counsel for the petitioner submits that the counsel appearing in the Court below did not cross examine the witnesses on this aspect of the matter. Counsel for the informant submits that the petitioner’s counsel cannot be allowed to fill in the lacuna by making a prayer for recall of the witnesses. On perusal of the order sheet I find that the prosecution evidence is still progressing and the Investigating Officer and the Doctor are yet to be examined in this case. In the circumstances, in order to come to a “just decision in the case” it would be important to consider all aspects of the matter before the Court can convict or acquit the accused persons. The Court below may issue summons on P.Ws. 2, 3, 4, 5, 7 and 17 and on receipt 2 of the summons fix a date for appearance of the witnesses. If the witnesses do not turn up, the petitioner cannot take any advantage of this order. The petitioner will be granted minimum time for the purposes of cross examination. This application is allowed subject to payment of cost of Rs. 3,000/- to be paid to the informant of this case in the Court below. The summons will be issued only after filing of receipt of payment of cost from the date of receipt of this order. This application is thus allowed with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)