IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.57539 of 2007 VIJAY KUMAR SHUKLA @ MUNNA SHUKLA, SON OF LATE RAMDAS SHUKLA, RESIDENT OF VILLAGE KHANJAHACHAK, P.S. – LALGANJ, DISTRICT – VAISHALI ………………………….. PETITIOENR. Versus THE STATE OF BIHAR THROGH.C.B.I. ………….. OPP. PARTY. ----------- 02 16.04.2010 Heard learned counsel for the petitioner and the State. This petition has been filed against the order dated 30.08.2007 passed by the Additional Sessions Judge IV, Patna by which the prayer of the petitioner to provide a copy of the deposition alleged to have been recorded by the Central Bureau of Investigation during the investigation by the CBI. However, the fact is that earlier in this case the investigation was made by the state police officer and after submission of the charge sheet the investigation was handed over to the CBI. It is alleged that the CBI recorded the statement of P.W. 1 in Sessions Trail No. 613 of 2002 but the petitioner when claimed the aforesaid statement of this P.W. 1 recorded by the CBI, the same was not provided to him. However, as is apparent from the order that P.W. 1 was examined as a witness and his deposition was supplied to the accused persons. Learned counsel for the CBI objecting the prayer of the petitioner submitted that though the charge sheet submitted by the CBI but in the list of witnesses the name of P.W.1 did not find mention. It was further submitted that the evidence of P.W. 1 which has been relied in this case, has already been supplied to the 2 petitioner. During the pendency of this petition the trial has been concluded. The learned counsel for the petitioner, however, submitted that his right may be gone into and the same should be decided. However, having regard to the fact that the trial has already been disposed of and any revision or criminal case challenging the order is only momentous during the trial, petitioner may raise the point in appeal and now this petition has become infructuous. Hence, having regard to the facts and circumstances, there is nothing in this petition and it has become infructuous in view of the fact that the Sessions Trail has already been disposed of. This petition is dismissed with the liberty that the petitioner may raise the point in appeal, if so advised. Kundan (Gopal Prasad, J.)