IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10341 of 2010 1. BINOD SAH S/O HIRA LAL SAH 2. ARVIND SAH S/O HIRA SAH 3. MANI LAL SAH S/O KISHUN SAH 4. TUNTUN SH S/O NATHAN SAH ALL R/O VILLAGE- MUZAFFARGANJ P.S.- KHARAGPUR, DISTRICT- MUNGER Versus 1. THE STATE OF BIHAR 2. BHAGWAN SAH S/O CHURAMAN SAH R/O VILLAGE- MUZAFFARGANJ, P.S.- KHARAGPUR, DISTRICT- MUNGER ----------- 2. 06.12.2010 Heard the parties. The petitioners seek quashing of the order dated 21.10.2009 passed by A.C.J.M., Munger in Kharagpur P.S. Case No. 52/08, by which he has rejected the prayer of the petitioners to expunge the evidence before framing of charge since wrongly substance of accusation was explained to the accused. The background of the case is that initially a case under Section 147, 323, 307 I.P.C. was instituted on 29.3.1998 in which initially the case was committed to the court of Sessions but in the facts of the case under Section 307 I.P.C. is made out and, therefore, he remanded the matter. Thereafter, charge was framed but no witness was produced and the statement of the accused was recorded under Section 313 Cr.P.C. where after petitioners raise an objection that the substance of accusation should not have been explained to the accused in the facts of the case. However, considering that the matter is pending since of the year 1998 without any sufficient progress in trial and the prosecution has been totally negligent in prosecuting the case. I am of the view that the entire proceeding arising out of Kharagpur P.S. Case No. 52/88 passed by A.C.J.M., Munger requires to be quashed. The application is allowed. Fahad. ( Anjana Prakash, J. )