IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.38975 OF 2008 MANOJ KUMAR, SON OF LATE DHRIT NARAYAN SINGH, RESIDENT OF VILLAGE PUARI, POST PUARI, POLICE STATION HARNAUT, DISTRICT NALANDA. AT PRESENT, RESIDING BY ARUN KUMAR RAI, MURLIDHAM, V.I.P. CHOUK, DEVGHAR, POLICE STATION DEVGHAR, DISTRICT DEVGHAR (JHARKHAND) ………………………………………………………..PETITIONER VERSUS 1. THE STATE OF BIHAR 2. SHIV KUMAR RAI, SON OF LATE RAMA RAI, RESIDENT OF VILLAGE PIPARADEVAS, POLICE STATION BARAUNI, DISTRICT BEGUSARAI ………………………………………………………………………OPPOSITE PARTIES ********* 2 25/07/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. Learned Counsel for the petitioner submits that the complainant and this petitioner were partners in M/s Shiner Silky Construction Private Limited. The complainant had entered into an agreement with his partner on 08.04.2007 vide Annexure-3 in which it is said that the earnings of 15 lakhs is being divided and that he is paying a sum of Rs. 7.5 lakhs to the petitioner by way of severing the partnership. Subsequent to this document, the present case has been filed under Sections 420, 467, 468, 409 of the Indian Penal Code, claiming that the petitioner was his Supervisor and that he has paid him a sum of Rs. 7.5 lakhs for the purpose of making payment of machinery and for labour costs. The matter is pending since 2007, yet the complainant is not facing the Court for the purposes of 2 framing of the charges. Obviously, this Court cannot intervene in the order taking cognizance, however, the petitioner would be at liberty to produce all such documents at the time of evidence at the pre-charge stage. This application is disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J.)