IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13650 of 2009 SUNIL KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2 15.04.2009. Heard learned counsel for the parties. The instant modification application has been filed by one Jai Kumar Singh, the intervener/respondent for modifying order dated 12.02.2009, passed in Cr W J C No. 434 of 2007, by which this Court directed the trial court to dispose of the trial at the earliest, preferably within ten weeks from the date of receipt/production of a copy of that order. The informant Sunil Kumar had filed the aforesaid writ petition for expeditious disposal of Sessions Trial No. 613 of 2003 (Bikram Police Station case no. 296 of 1992) lodged against the intervener respondent Jai Kumar Singh and three others, under sections 324,307/34 of the I.P.C. and 27 of the Arms Act, to which section 302 I.P.C. was added later on. It had been alleged in the writ petition and also mentioned in the report of the Additional Sessions judge XI, Patna, dated 17.8.2007 that due to dilatory tactics of accused, case has not yet been disposed of and the defence does not co-operate with the court in disposal of the case. In the instant modification petition, the intervener respondent has submitted that the time frame fixed by this Court be extended as the said Sunil Kumar had filed the instant Cr.W.J.C. by suppressing some material facts. He further submits that on 17.4.2004 charges were altered under section 216 Cr.P.C. and petition under - 2 - section 217 Cr.P.C. was also not allowed. He submits that a quashing application has been filed on behalf of accused being Cr Misc No. 17853 of 2007 which is pending before a Bench of this Court. Counsel for the informant has alleged that the accused persons are trying to delay the trial of the case, which is of the year 1992. He submits that Hon’ble Mr Justice C.K. Prasad, as his lordship then was, vide his order dated 5.7.2004, passed in Cr Revision No. 672 of 2002 directed the trial curt to make endeavor to dispose of the trial on or before 31.7.2004. Having heard the parties, this Court extends the time for disposing the Sessions Trial No.613 of 2003 up to 18.5.2009. Let this order, passed in Sessions Trial No. 613 of 1993 be faxed to the court of Additional Sessions Judge II, Patna at the cost of either of the parities. In case either of the parties do not deposit the fax fee, the office will have the order communicated through fax at State cost. Shashi. (S.P.Singh,J).