Vijay Kumar Mishra @ Pappu Mishra @ Pappu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56206 of 2017 Arising Out of PS.Case No. -6 Year- 2014 Thana -NAUTAN District- SIWAN =========================================================== Vijay Kumar Mishra @ Pappu Mishra @ Pappu, Son of Gorak Mishra, Resident of Village-Siswa, P.S.-Nautan, District-Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prem Sheela Pandey, Advocate. For the Opposite Party/s : Mr. Ajay Kumar, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT Date: 21-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner has filed this application seeking quashing of order dated 13.09.2017 passed by the learned Additional Sessions Judge-IV, Siwan in S.T. No. 141 of 2015 arising out Nautan P.S. Case No. 06 of 2014, though after an inordinate delay so caused by the accused, not allowing the petition filed under Section 311 of Cr.P.C. to recall prosecution witness i.e., PW-3 namely Manish Kumar Mishra, for his cross-examination.

However, in the interest of justice, it is appropriate to give one chance to cross-examine said witness though the delay in filing this application has not been explained by the petitioner. This liberty should have been availed much earlier, however, in any view

Patna High Court Cr.Misc. No.56206 of 2017 dt.21-11-2017 2/2 of the matter, the trial court will give a single chance to cross-examine PW-3, if no opportunity is availed then the court will proceed further to dispose of the same at the earliest because already there was direction by this Court to dispose of the case by September, 2017. This application stands disposed of.

(Arun Kumar, J) Sujit/- AFR/NAFR NAFR CAV DATE NA Uploading Date27.11.2017 Transmission Date 27.11.2017