IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1322 of 2008 1. RAJIV KUMAR @ RAJIV KUMAR SINHA 2. SANJIV KUMAR @ SANDIP KUMAR SINHA 3. HANUMAN SINGH Versus 1. STATE OF BIHAR 2. RAJ BALLAV SINGH --- 2. 05.01.2009 The petitioners have approached this Court against the order dated 30.09.2008, passed by the trial court in S.T.No.509 of 2003. The said application was dismissed observing as under: “For the reasons mentioned above I find absolutely no merit in the petition. Accordingly the prayer of petitioners to discharge them from offence u/s 304B I.P.C. and to frame charge u/s 306 IPC stands rejected. The accused persons/petitioners are hereby directed to attend the Court in person on the next to be date fixed in the case, so that charge can be framed and in case of disobedience of courts direct ion their bail shall be cancelled.” It appears that some of the petitioners have moved this Court against the order dated 13. 4. 2005, whereby the learned trial court has refused to discharge the petitioners. The said order was passed under section 227 of the Cr. P.C. Paragraph 2 of the present application runs thus: “That the petitioners have not earlier moved before this Hon’ble Court against the impugned order save and except this application. It is stated that the petitioner No.2 and 3 had filed earlier Cr.Misc.No.17659 of 2005 u/s 482 Cr.P.C. for quashing of the order dated 13-04-05 passed by the Additional Sessions Judge, Fast Track Court IV, Vaishali rejecting the petition of the - 2 - petitioners for discharge u/s 227 Cr.PC and the said Cr.Misc.No.17659 of 2005 was dismissed by the Hon’ble Court vide order dated 02-02-2005 passed by Hon’ble Mr. Justice C.K.Prasad. From the materials noted above, it appears that the petitioners’ intention is nothing but to misuse the process of the Court and thereby protract the trial. This application stands dismissed. As the main application has already been dismissed, the I.A.No.2601 of 2008 also does not survive and stands disposed of. hr ( Kishore K. Mandal )