IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40848 OF 2008 RABINDRA SINGH @ MUNSIJEE, SON OF LATE SUKHO SINGH, RESIDENT OF VILLAGE WALIPUR, POLICE STATION PIPARIYA, DISTRICT LAKHISARAI VERSUS 1. THE STATE OF BIHAR 2. BATHU NANDAN SHARMA, SON OF SHYAM NANDAN SHARMA, RESIDENT OF WALIPUR, POLICE STATION PIPARIAYA, DISTRICT LAKHISARAI ********* 2 29/07/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. Learned Counsel for the petitioner has brought to the notice of this Court that the fardbeyan in Lakhisarai Police Station Case No. 109 of 2003 was recorded on 01.11.2002 for an occurrence which allegedly took place on 26.10.2002. It is further submitted that there is no injury report in the entire case diary. What is more, it has also been stated before this Court that the First Information Report was actually registered on 13.05.2003, which indicates that there is something wrong in the entire process of recording the First Information Report. Normally, this Court would have issued notices to the Opposite Party No. 2 before setting aside the order dated 18.08.2008, but since the Court is not going into the merits of the case but only noting them down for the purposes of remanding the case back to the Additional 2 Sessions Judge, Lakhisarai in Sessions Case No. 427 of 2005, notices is not being issued to Opposite Party No. 2. I may point out that the points raised by the petitioner have only been stated by him and they need to be examined by the Court below. Accordingly, the Court will hear both the parties and pass a speaking order within a period of three months on the questions raised before this Court, subject to the fact that the trial has not commenced in this case. Counsel for the petitioner is directed to produce a copy of this order before the Court below within a period of one month from today, failing which this application shall stand dismissed. This application is disposed of with the aforesaid observations and directions. The order dated 18.08.2008 is quashed. Anand ( Sheema Ali Khan, J.)