Suresh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45733 of 2013 ====================================================== Suresh Sharma S/o Late Shivanand Sharma Resident Of VillageMaksuspur, P.S.- Kasim Bazar District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Nath Jha For the Opposite Party/s : Mrs. Anita Kumari Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-09-2016 Heard Sri Dhirendra Nath Jha, learned counsel for the petitioner and Smt. Anita Kumari Singh, learned Additional Public Prosecutor.

The present petition was filed with a prayer to quash an order dated 20.8.2013 passed by learned Adhoc Additional Sessions Judge 8th Munger in Sessions Trial No. 22 of 2013 arising out of Kotwali P.S. Case No. 194 of 2004 registered for the offence under Section 25 (1-AA), 25 (1-AB), 25(1-b)a/ 26/ 35 of the Arms Act. By the said order petition filed on behalf of the petitioner for discharge was rejected.

In this case earlier report was called for from the court below regarding the stage of the case which has been received and kept at flag -X. The report of the learned Additional Sessions Judge 5th Munger indicates that in the case charge has already

Patna High Court Cr.Misc. No.45733 of 2013 (5) dt.08-09-2016 2/2 been framed and case is fixed for evidence.

Considering the fact that charge has already been framed meaning thereby that trial has already commenced, it would not be advisable for this court to interfere with the impugned order.

The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T