IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.5996 OF 2007 ALOK KUMAR SAHAY, SON OF MR. MADAN MOHAN SAHAY, RESIDING IN YADUBANSH PATH, BORING ROAD, PATNA, POLICE STATION BUDHA COLONY, TOWN AND DISTRICT PATNA VERSUS 1. THE STATE OF BIHAR 2. SHRI RAMESH CHANDRA GUPTA, SON OF SHRI RAM GOPAL, PROPRIETOR OF GOPI FANCY CLOTH SHOP, SAHDEO MAHTO MARG, PATNA ……………………………………………………………………..OPPOSITE PARTIES *********** 9 22/03/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed against the order dated 14.12.2006 by which the Judicial Magistrate, 1st Class, Patna has refused to discharge the petitioner for the offences under Sections 363 and 571 of the Indian Penal Code in Srikrishnapuri Police Station Case No. 196 of 2005. The order was passed in the year 2006 and now it is 2010. There is no stay in this case and this Court is surprised as to why the Court below has not moved ahead in the criminal case and allowed the matter to remain pending for four years. In any event, the defence of the petitioner cannot be seen at this stage. Neither does this Court has power to verify the statements of the witnesses recorded during the investigation. Considering the aforesaid facts, this 2 application is dismissed. The Court below is directed to expedite the matter and dispose of the trial preferably within a period of one year from today. Anand ( Sheema Ali Khan, J.)