IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3687 of 2008 PARMANAND TIWARY, Son of Late Yoganand Tiwary, resident Of Village-Karwa Mathia, Tola-Vishnupur Brit, P.S. Chanpatia, Distt- West Champaran ----------------- Petitioner Versus 1. THE STATE OF BIHAR 2. Bhagwan Tiwary, Son of Late Yoganand Tiwary, resident of Village-Karwa Mathia, Tola-Vishnupur Brit, P.S. Chanpatia, West Champaran -------------------- Opp.Parties. ----------- 2 03-02-2009 Heard Mr.Pathak Dhananjay Kumar,the learned counsel for the petitioner, who is one of the accused of Complaint Case no.46 ( C) of 1997, as also Mr. Chandrasen Pd.Singh, the learned A.P.P. for the State and Mr.Sanjay Kumar,the learned counsel for Opp.Party no.2. The grievance of the petitioner is against the rejection of his petition filed under Section 311 ( A) Cr.P.C. by Sri Sanjay Kumar, Judicial Magistrate, First Class, West Champaran at Bettiah by order dated 4.12.2007. The learned counsel for Opp.Party no.2 has submitted that this is a modus operandi adopted by the petitioner (accused persons) to protract the trial notwithstanding there being a direction of this Court to expedite the trial. In this connection, it is submitted that earlier the brother of the instant petitioner had preferred Cr.Misc.No.32304 of 2006 challenging an order rejecting the prayer for summoning the accused under Section 311 Cr.P.C. at the fag end of the trial and said case was dismissed as withdrawn by order dated 23.7.2007. Not satisfied with the failure to succeed in protracting the - 2 - trial, this brother, who is also an accused in the case, has now come forward to challenge the rejection order of the prayer made under Section 311 ( A) Cr.P.C. The proviso of the said Section makes it clear as to when the Section becomes applicable and apparently the conditions prescribed therein have not been fulfilled. The unfortunate steps taken by the petitioner is nothing, but to delay the proceeding of the trial as long as possible. Filing of such frivolous and vexatious petitions, more so when there is direction of this Court to conclude the trial expeditiously should not be entertained and given lee way. Due regard being had to the facts and circumstances of the case, this application is dismissed with cost quantified Rs.1000/-. (Abhijit Sinha, J.) NKS/-