IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40867 OF 2009 NARESH YADAV, SON OF CHANARIK YADAV, RESIDENT OF VILLAGE CHANDAUL, POLICE STATION RAFIGANJ, DISTRICT AURANGABAD VERSUS THE STATE OF BIHAR ******** 2 05/03/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner has challenged the order dated 02.11.2009 passed in Sessions Trial No. 238 of 2009/453 of 2009. An application was filed on behalf of the petitioner to stay the present case in which the trial has commenced. The facts are that the petitioner Naresh Yadav has filed Rafiganj Police Station Case no. 110 of 2007 alleging that Mutur Yadav was responsible for killing his wife. The Investigating Officer submitted final form on 24.02.2008 finding that the case was not true. On 25.02.2008, Rafiganj Police Station Case No. 22 of 2008 was instituted by the Investigating Officer in which the petitioner has been made accused under Section 302 of the Indian Penal Code. The trial in this case has commenced and a prayer was made to stay the proceedings of the case until further action was taken on the protest petition. 2 In the circumstances as mentioned above, this Court cannot stay the proceedings of Rafiganj Police Station Case No. 33 of 2008 as no steps have been taken in the protest petition by the petitioner and there can be no justification for staying the trial on the basis of such a protest petition which has not progressed since its filing. Mere filing of a protest petition by itself does not create any right or defence in favour of any party. The party concern has to take steps by pressing the protest petition and getting himself examined on S.A. In the circumstances, I find that there is no illegality in the order impugned. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)