Jagan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23245 of 2024 Arising Out of PS. Case No.-79 Year-2006 Thana- PAROO District- Muzaffarpur ====================================================== JAGAN RAM SON OF LATE AMIR RAM R/O-CHANKISOHAGPUR, P.S.-PAROO, DISTT.-MUZAFFARPUR ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The present application has been filed for quashing the order dated 08.12.2023 passed in connection with Sessions Trail No. 929 of 2009 arising out of Paroo P.S. Case No. 79 of 2006 passed by learned Additional District & Sessions Judge -13th Muzaffarpur whereby and whereunder he has rejected the petition dated 27.09.2022 under section 311 Cr. P.C. filed by the petitioner to recall P.W. 4, 5 & 6 for recross Examination who have already been discharged.

3. Learned for the petitioner prays for recall of the witnesses who have already been cross-examined by the petitioner.

4. Once the petitioner has got opportunity to crossexamine the witnesses, he cannot be allowed further to cross-

Patna High Court CR. MISC. No.23245 of 2024(2) dt.12-09-2024 2/2 examine the witnesses under Section 311 of the Cr. P.C. to fill up the lacunae and delay the trial.

5. In view of the above, this application is dismissed.

6. The trial court is directed to proceed in the case. (Sandeep Kumar, J) Saif/- U T