IN THE HIGH COURT OF JUDICATURE AT PATNA
CR.MISC. NO.40478 OF 2008
1. CHARITAR PRASAD YADAV, SON OF LATE BACHU YADAV
2. KAROO YADAV, SON OF LATE FAULI YADAV
3. BISHUNDEO YADAV, SON OF CHOOTO YADAV
ALL ARE RESIDENT OF VILLAGE PURAINI, POLICE STATION ATRI,
DISTRICT GAYA
......................................................................................PETITIONERS
VERSUS
THE STATE OF BIHAR
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2 26/07/2011 This application has been filed challenging
the order dated 15.07.2008 passed in Sessions Trial No.
75 of 2006 (Atri Police Station Case No. 104 of 1991) by
which the Additional Sessions Judge, Fast Track Court
No. III, Gaya has allowed the prosecution to call the
witnesses including the informant of the case for
examination.
The defence Counsel had opposed the prayer
on the ground that sufficient time was granted to the
prosecution to bring their witnesses, which was not
availed by them. It is submitted that compromise was
also filed by the parties. It is only with a view to harass
the petitioners that this present application has been
filed.
The case is under Section 364/34 and 386
of the Indian Penal Code. The offences are not
compoundable and in the opinion of this Court, the
informant is an important witness and has to be
2
examined to support the case.
I, therefore, find that in the interest of
justice, the order impugned is sustainable, and as such,
this application is dismissed.
Anand (Sheema Ali Khan, J.)