IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1309 of 2010 HAROON ANSARI @ MD. HAROON SON OF KASIM ANSARI, RESIDENTS OF VILLAGE PIPRA, P.S. MANJHAGARH, DISTRICT- GOPALGANJ Versus 1. THE STATE OF BIHAR 2. KUTUBUN NESHA WIFE OF MD. YAKUB ANSARI, RESIDENT OF VILLAGE PIPRA P.S. MANJHAGARH, DISTRICT- GOPALGANJ ----------- 3 31.03.2011 Heard learned counsels for the petitioner and the State. Petitioner is aggrieved by the order dated 07.05.2010 passed by the Chief Judicial Magistrate, Gopalganj, in Manjhagarh P.S. Case No. 233 of 2008, whereby cognizance of the offence under sections 147, 148, 149, 323, 352 and 307 of the Indian Penal Code and section 27 of the Arms Act have been taken and case was kept for commitment to the Court of Sessions. Learned counsel for the petitioner submits that although petitioner is not in possession of the case diary to know as to what are the materials collected during the investigation and although there was no allegation against the petitioner with regard to the alleged offence, however, cognizance has been taken and the petitioner has been summoned. It is submitted that the petitioner for no reason has to face the above criminal proceeding. Learned counsel for the State, on the other hand, submits that on perusal of the impugned order it appear that the order has been passed on perusal of the materials available in the case diary as also the charge sheet submitted by the police after investigation, and as such, it calls for no interference at this stage. Considering the facts and circumstances as also the submissions of the parties, I am not inclined to interfere into the matter. However, it will be open for the petitioner to raise all his rights and contentions available to him under law at the time of framing of the charge. It goes without saying that the criminal proceeding in question be expedited and completed without unnecessary delay. The writ application accordingly stands disposed of. Manish/- ( Shailesh Kumar Sinha,J.)