IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7751 of 1998 1. Dilip Kumar, Son of Vijay Prasad. 2. Suraj Kumar, Son of Dr. Suresh Prasad. Both residents of Village-Rahima, P.S. Barh, District Patna. --------- Petitioners Versus The State of Bihar ------ Opposite Party ----------- 5 17.8.2009 Heard learned counsel for the petitioners and counsel for the State. The order taking cognizance under the provision of Arms Act is sought to be assailed by the learned senior counsel on two grounds, namely, Lack of sanction and non-seizure of the arms in question. While the second issue can always be gone into at the stage of trial, this Court is not aware as to what is the present position as with regard to the receipt of the order of sanction. From the order of this Court dated 21.4.1998, it would appear that a report was called for from the court below as to whether an order of sanction was received or not and in reply thereof, the court below by its report dated 20.12.2003 had reported that the sanction order from the District Magistrate was yet to be received. 2 In that view of the matter, as this Court is not aware as to what all has happened after 20.12.2003, it would only remit the matter back to the court below which will now look into the records and/or obtain a report from the District Magistrate as to whether such a sanction against the petitioners had been accorded. If the District Magistrate would still not accord sanction of prosecution within a period of six months from the date of receipt/production of a copy of this order, the proceeding against the petitioners in this case shall stand closed for ever. With the aforementioned observations and direction, this application is disposed of. Let the records received in this case from court below be transmitted back alone for ensuring speedy disposal of this case. Rsh (Mihir Kumar Jha, J.)