IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39131 of 2007 SHEO PARSAN DUBEY Versus STATE OF BIHAR ----------- For Petitioner :- Mr. Rajesh Kr. Pathak, Advocate For Opposite Party :- Mr. Krishna Prasad Singh, Sr. Adv. Mr. Manish Kumar, No.-3 Mr. Bhaskar Shankar, Advocate For the State :- Mr. Jharkhandi Upadhyay, A.P.P. 4 11.7.2008 Heared learned counsel for the petitioner, counsel appearing on behalf of Opposite Party No. 2 and the State. The petitioner has challenged the order dated 20.7.2007 and 24.7.2007 passed by the Presiding Officer, Fast Track Court, II, Kaimur, Bhabhua. The petitioner has filed an application under Section 233(3) calling for certain documents to show that P.Ws. 4 and 10 were inimically disposed towards the petitioner as they were working under him when he was working as a Branch Manager. The petitioner had ample opportunity to cross examine P.Ws. 4 and 10 and in fact had cross examined P.Ws. 4 and 10 to show that they were not on very cordial terms. The case is under Sections 302, 307, 120(B), 379/34 of the Indian Penal Code and the application was filed on 13.7.2007. At present the trial is almost concluded inasmuch it is the final arguments are going on behalf of the prosecution. I do not find that the documents called for by the defence are of such a nature which would be necessary for a ‘just decision’ in the case. The petitioner is not in any way prejudiced and it appears that the applications have been filed in order to delay the trial. 2 In the circumstances, I find no merit in this application and the application is dismissed. Sanjay (Sheema Ali Khan, J.)