IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.7040 of 2010
1. TULSI SAH S/O SITA RAM SAH
2. DULAR CHAND SAH S/O SITA RAM SAH
BOTH R/O VILLAGE-CHITRAWALIA,
P.S.- EKMA, DISTRICT- SARAN AT CHAPRA
Versus
THE STATE OF BIHAR
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2. 25.11.2010 Heard the parties.
The petitioner has sought quashing of the order
dated 2.2.2010 passed by learned Additional District Judge,
F.T.C. 5, Chapra in S.T. No. 223/2007, in which he has allowed
the application filed under Section 311 Cr.P.C. moved by the
informant.
It has been submitted that belatedly after full
processes were exhausted for examination of the witnesses the
case was reopened which is against the interest of justice.
However, considering that the Trial Court has desired the
examination of the witnesses for just decision of the case, I am
not inclined to interfere in the matter.
The application is dismissed with a direction to the
Trial Court to fix time limit of 2 months, within which the
prosecution should examine all his witnesses and if he fails to
do so, the case will be closed. The Trial Court is also directed to
impose additional costs of an amount to be fixed by it for
examination of each of the witnesses for delaying the trial.
Fahad. ( Anjana Prakash, J. )