IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7172 of 2008 1. RAJ NARAYAN JHA S/o late Bharosi Jha 2. Styanarayan Jha S/o Sri Ram Lakhan Jha. 3. Schidanand Jha S/o Sri Ram Naresh Jha 4. Sambhu Jha S/o Sri Buhola Jha All residents of village – Dhakjari, P.S. Masur chak, in the district of Begusarai. Versus 1. THE STATE OF BIHAR 2. Satya Deo Jha, S/o Sri Dhanik Lal Jha 3. Anoj Jha S/o Sri Satyadeo Jha Both are residents of Village – Dhakjari, P.S. Mansur Chak, in the district of Begusarai. ----------- 02. 10/4/2009 Petitioners have challenged the order dated 10.12.2007 passed by Additional Sessions Judge, Fast Track Court No.V, Begusarai in Sessions Trial No. 249 of 2000 by virtue of which petition filed on behalf of the petitioners under section 311 of the Code of Criminal Procedure to recall PW-1 and PW-8 for the purposes of cross examination with regard to a compromise petition having been filed in the case, has been rejected. Petitioners submit that power given to the court under section 311 Cr.P.C. is very wide and should be exercised by the court in the interest of justice and if the witnesses are not recalled prejudice is going to be caused in the trial. Learned APP on behalf of the State submits that it is only a non cognizable offence which is not compoundable as such and if it is a fact that a compromise petition has been filed on behalf of the parties in question then it will very well be pleaded and urged at the final argument which the court can keep in mind that for the same no evidence or cross examination as such is required. It will be left open to defence counsel to make fullest - 2 - advantage of the compromise petition in this regard at the appropriate stage. The application is dismissed. rkp (Ajay Kumar Tripathi, J)