IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28120 of 2009 Mahavir Prasad, S/O-Sadho Lal, R/O Mohalla-Gorhatta, Patna City, P.S.-Khajekala, District-Patna …………….Petitioner Versus The State of Bihar …………………Opposite Party ----------- 02 09.09.2011 Heard the parties and perused the record. This quashing petition has been filed against order dated 27.11.2002 passed by learned Chief Judicial Magistrate, Vaishali at Hajipur in Town P.S. Case No. 278 of 1984 corresponding to G.R. No. 1681 of 1984 by which the learned Chief Judicial Magistrate, Vaishali at Hajipur after condoning the delay under Section 468 of the Cr.P.C. took cognizance for the offences under Sections 279 and 338 of the Indian Penal Code. The contents of quashing petition reveal that the main grievance of the petitioner is that the alleged occurrence took place in the year 1984 whereas cognizance has been taken on 30.10.1986/27.11.2002 and up-till-now the trial of the petitioner has not been concluded. It would appear from the record that after 30.10.1986, the concerned record was put up before the Chief Judicial Magistrate, Vaishali at Hajipur on 27.11.2002 i.e. on the date of passing impugned order. The Chief Judicial Magistrate, Vaishali at Hajipur has rightly condoned the delay in taking cognizance of the offence. So far as non- conclusion of trial of the petitioner is concerned, it appears from contents of this petition that the petitioner himself surrendered before the lower court recently. So, the grievance of the petitioner is not 2 genuine. In the aforesaid circumstance, this quashing petition stands dismissed on admission stage itself. However, learned Chief Judicial Magistrate, Vaishali at Hajipur/trial court is directed to conclude the trial of the petitioner preferably within six months from the date of receipt of this order and furthermore, the trial court shall take all possible steps for conclusion of trial of the petitioner within the above stated period. Let this order be communicated to the court of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Town P.S. Case No. 278 of 1984 corresponding to G.R. No. 1681 of 1984 for needful. SHAHZAD ( Hemant Kumar Srivastava, J.)