CRIMINAL MISCELLANEOUS No.8433 OF 2002 In the matter of an application under Section 482 of the Code of Criminal Procedure ------------ KHATMAL MIAN @ MUNNA, Son of Md. Shamim Mian, resident of Village-Jhopperpati behind old Bankipur Jail, P.S. Kotwali , District-Patna ------------ Petitioner Versus 1. STATE OF BIHAR 2. The Union of India -------------- Opp.Parties. ---------- For the petitioner: None. For the State: Smt. Anita Kumari Singh ---------- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR Rakesh Kumar, J. When the case was called out, none appeared on behalf of the petitioner either to press this petition or to make a prayer for adjournment. 2. I have heard Mrs. Anita Kumari Singh, learned Addl.Public Prosecutor appearing on behalf of the State. I have also perused the materials available on record. 3. The sole petitioner, who was an accused in Kotwali P.S. Case No.367 of 2000, Special Case No. 38 of 2000 for the offence under Section 20 of the N.D.P.S. Act, has approached this Court, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, with a prayer to quash an order dated 3.12.2001 passed by the learned Additional Sessions Judge, 2nd ,Patna, whereby the petition filed under Section 227 of the Code of Criminal Procedure after commencement of the trial and examination of witnesses was rejected by the Addl. Sessions Judge. From the impugned order, it appears that in this case charges were already framed against the accused petitioner and thereafter one prosecution 2 witness was examined. It was not a stage for filing of discharge petition, even then petition was filed on behalf of the petitioner under Section 227 of the Code of Criminal Procedure, which was rightly rejected by the learned trial court. The said order was challenged before this Court by filing the present petition and on 1.11.2002 this Court admitted the present petition and also called for lower court records. It was further directed that during the pendency of this application further proceeding pending in the court of the learned Additional Sessions Judge, IInd, Patna in Kotwali P.S. Case No.367 of 2000, Special Case No.38 of 2000 shall remain stayed and the order of stay is still continuing. It appears from the impugned order that while opposing the prayer of the petitioner, the learned Spl. P.P. had submitted before the Special Judge that “in this case, Hon’ble Court has been pleased to fix a time frame to dispose of the case.” 3. On perusal of the materials available on record, the Court is satisfied that the present petition is a frivolous petition and it is a fit case for imposing cost on the petitioner. 4. Accordingly, while rejecting the present petition, it is desirable to impose a cost of Rs.5000/-(Rs. Five thousand) against the petitioner. The cost is to be realized from the petitioner and deposited in the High Court Legal Service Committee. It is further directed that the trial court will take steps to proceed with the case expeditiously. With above observation and direction, the petition stands rejected. Patna High Court,Patna Dated : the 20th August,2010 Nawal Kishore Singh/ N.A.F.R. ( Rakesh Kumar, J.) 3