Patna High CourtCR. REV./226/2015disposed

Mahboob @ Mahboob Alam @ Md. Mahboob And ANR v. The State Of Bihar

2017-03-16Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.226 of 2015 ======================================================

1. Mahboob @ Mahboob Alam @ Md. Mahboob Son of Wakil

2. Madan Das Son of Late Ram Pd. Das Resident of village - Khajuribari, P.S. Jogbani, District - Araria .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Respondent/s : Mr. Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-03-2017 Heard learned counsel for the parties.

The petitioners are aggrieved by an order, dated 15.12.2014, passed by learned First Additional Sessions Judge, Araria in Special Case No. 02 of 2006, whereby the petitioners' application for their discharge under Section 227 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) has been rejected.

I do not think that any purpose would be served by entertaining this application more than two years after passing of the said order since charges in the meanwhile must have been framed and trial must have progressed.

Learned counsel for the petitioners has submitted that there is absolutely no material collected in course of investigation

against the petitioners over and above an extra judicial confession of a co-accused.

This plea is certainly available to the petitioners to be raised at the appropriate stage of trial before the Court below. This application stands disposed of with the observation as above.

(Chakradhari Sharan Singh, J) ArunKumar/- U