IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23196 of 2010 1. HUSSAINIA, W/o Sangir @ Sangir Mian. 2. Afsana, D/o Sangir @ Sangir Mian. Both R/o Village-Koluwa (Kurmi Tola) P.S.-Manjhagadh, District-Gopalganj. Versus 1. THE STATE OF BIHAR. 2. Ranjan Ram, S/o Debnath Ram, R/o Village-Koluwa, P.S.-Manjhagadh, District- Gopalganj. ----------- 02. 11.03.2011 The petitioners have sought quashing of the order dated 16.12.2009 passed by the Judicial Magistrate, 1st Class, Gopalganj in G.R. No. 722/04/Tr. No. 2798/2010 by which cognizance has been taken under Section 302 and other allied Sections and Section 3(x) of S.C./S.T. Act. It has been submitted that the petitioners were not named in the First Information Report dated 11.05.2004 but they were not charge-sheeted till 2007 and in the meanwhile the other co-accused persons were put on trial and acquitted of all charges by a judgment dated 23.11.2006 since the informant did not support the case of the prosecution. It has further been contended that the entire exercise of putting the petitioners on trial would be a nullity. In my view, evidently the charge-sheet was not submitted on account of the fact that the petitioners were not arrested and, therefore, giving them benefit of not being put on trial for the reason that they kept away from the process of the Court would be completely against the interest of justice. In view of such, the application is dismissed. Vikash/- (Anjana Prakash, J.)