IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45081 of 2007 Subodh Prasad Sharma @ Subodh Mandal @ Shanker Mandal, S/o Late Garbhu Mandal, Resident of Village Ajmeripur, Police Station Nathnagar, District Bhagalpur. --------- Petitioner Versus State of Bihar ------- Opp. Party ----------- 3 26.03.2010 Heard learned counsel for the petitioner and counsel for the State. The impugned order dated 16.8.2007 framing charge for offence under Sections 147, 307/147, 364/149, 324/149, 302/149 and 411 of the Indian Penal Code is sought to be assailed only on the ground that after the case was committed to the court of sessions, the petitioner had filed an application for reinvestigation and since that was not disposed of, the order framing charge cannot be sustained. In the opinion of this Court, neither the court was required to pass any order on the frivolous petition (last one which was filed by the petitioner) nor that can be a ground to assail the order framing charge. The charges have to be framed after considering the materials on record and if the court below had found such materials and the petitioner 2 had also not filed any application for discharge, the only option for the court was to pass an order for framing of charge. That being so, this Court would find no error in the impugned order and accordingly this application is dismissed with a direction to the trial court proceed with the trial and conclude the same within a period of one year from the date of receipt/production of copy of the order. Rsh (Mihir Kumar Jha, J.)