IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1974 of 2007 ***** 1. Abdul Ahad Khan @ Munna Kashmiri, son of Mahmood Kashmiri @ Mehmood Khan. 2. Md. Urfan @ Irfan, son of Managing Director. Abdul Ahad Khan. Both resident of Mohalla-Wazirganj, P.O.+P.S.-Purwa, District-Unnao, Uttar Pradesh. …. …. Petitioners Versus 1. The State of Bihar. 2. Md. Sabban Khan, son of Salmatulla, resident of Mohalla-Wazirganj, At + P.O. P.S.- Purwa, District-Unnao, Uttar Pradesh. …. …. Opposite parties ----------- 10. 28.4.2009. I.A. No. 899 of 2009 for expunging the name of petitioner no.1 is allowed. Let name of petitioner no.1 be expunged from the present quashing application. Petition shall be confined to petitioner no.2 only. Heard learned counsel for the petitioner, learned counsel for opposite party no.2 and the learned A.P.P. for the State. Petitioner is seeking quashing of the entire proceeding in Barauli P.S. Case No.107/1997 pending in the Court of Judicial Magistrate, 1st Class, Gopalganj. Contention of learned counsel for the petitioner is that the police has submitted a final report in the case after investigation and the matter stand at that but based on certain communication and letters written by some persons the matter was further investigated and for the same material and evidence charge-sheet came to be filed and cognizance was taken on 10.11.2003. Petitioner submits that looking at the background, the material and the allegation, there is no case which can be made out against the present petitioner. Learned counsel representing the opposite party has filed a - 2 - detailed counter affidavit and explained the background under which the investigation was hurriedly completed and final form filed. Since the petitioner is not a local resident of the place of occurrence and is resident of Uttar Pradesh, therefore, fearing the local police and the people involved in the matter he decided to approach the Superintendent of Police in this regard to beget justice in the murder of his brother. From the perusal of the record it is apparent that the police in the above background and the material has taken permission of the Court for further investigation and based on the permission further investigation was done and charge-sheet came to be filed and cognizance taken. In that background of the matter no infirmity has been committed so far as the proceeding is concerned. The contention of the petitioner is that it is not the case that further or additional material has emerged in the matter. This Court is not inclined to look all these aspects into at this stage. The prayer for quashing the entire proceeding, therefore, is rejected but the petitioner will have the liberty to raise all such points which may be available to him at the time of framing of charge including the evidence which has come in the further investigation of the matter. The application stands dismissed with the above liberty. Let carbon copy of the case diary be returned to the Court below. Pawan/- (Ajay Kumar Tripathi, J.)