IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18579 of 2008 ROHANI DEVI, Wife of Late Bisheshwar Chouhan, resident of Village- Jaisri Bigha, P.S. Hisua, District- Nawada...............................Petitioner. Versus 1. The State of Bihar. 2. Sunita Devi @ Sumitra Devi, W/O Shivji Chauhan, Village- Othpura, P.S. Pakribarawara, District- Nawada. 3. Sonelal Chauhan, S/O Awadhesh Chauhan, Village- Othpura, P.S. Pakribarawan, District-Nawada...................................Opposite Parties. ----------- 5. 13.01.2010. This application has been filed against the order dated 31.03.2008 passed in Sessions Trial No. 368 of 2005/98 of 2005 by the Additional District Judge, F.T.C.Vth, Nawada. Earlier notice was issued by this Court on 16.07.2008 to opposite party nos. 2 and 3 which was validly served on opposite party no. 2 but no body has appeared on behalf of the opposite party no.2 in this case. The evidence was closed in the year 2008. An application was filed under Section 311 Cr. P.C. for recall certain witnesses. The prosecution had sufficient time over two years to get witnesses examined but they did not get the witnesses examined. Apart from which several opportunities have been given by the court below for the aforesaid purpose. Now the matter is ready for recording the statement under Section 313 Cr. P.C. A frivolous application under Section 311 Cr.P.C. has been filed by the informant. It appears that the informant was not vigilant to watch her case and was also not interested in pursuing the matter although indulgence has been given by the trial court time and again which is apparent from the order dated 31.3.2008. 2 In the facts aforesaid, I do not see any illegality in the order impugned dated 31.03.2008, this application is dismissed. U.K. (Sheema Ali Khan,J)