IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56653 of 2007 1. MAHESH SHARMA 2. NAWAL SINGH 3. BAIDYA NATH SINGH 4. BALESHWAR SINGH 5. NARAYAN SHARMA, ALL SONS OF LATE DEODHARI SINGH 6. SATYA NARAYAN SINGH, SON OF LATE AWADH BIHARI SINGH 7. KISHUNI PASWAN, SON OF LATE RAM BRIKSH PASWAN 8. LAL BACHAN MAHTO, SON OF PURAN MAHTO 9. RAKESH KUMAR, SON OF MAHESH SINGH 10.KISHUNI PASWAN, SON OF LATE RAM BRIKSH PASWAN ALL ARE RESIDENT OF JATKAULI, P.S. VAISHALI, DISTRICT VAISHALI. ---- PETITIONERS Versus THE STATE OF BIHAR ---- OPPOSITE PARTY ----------- 3 5.4.2010 Heard the parties. This application has been filed for quashing the order dated 16.9.2005, passed in Sessions Trial No. 10 of 2005 arising out of Complaint Case No. 3273 of 2003. The application for quashing the order refusing to discharge the petitioner under Section 307 of the Indian Penal Code was passed in the year 2005. There is no order of stay and yet the Court has not proceeded in the matter. The question whether Section 307 of the Indian Penal Code would apply, would depend upon weapon used, the gravity of the injury, the intention of the parties, the manner of the occurrence and any other defence or material produced on behalf of the parties which should be at the final stage of the case. I direct the District Judge, Vaishali at Hajipur to place/post Sessions Trial No. 10 of 2005 arising out of Complaint Case No. 3273 of 2003 before an appropriate Court to be heard as expeditiously as possible. 2 I may also record that the cases should not be kept pending for five years awaiting the decision of this Court if there is no interim order by this court. This application is accordingly disposed of. Sanjay (Sheema Ali Khan, J.)