IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46687 of 2009 BABLU @ MD.BABLU KHAN, SON OF MD. YUNUS KHAN, VILLAGE KOLGAMA, PS SULTANGANJ, DISTRICT BHAGALPUR – PETITIONER. Versus STATE OF BIHAR . ----------- 2 22.1.2010 This application has been filed for quashing the order, dated 16.12.2009 passed by the Additional Sessions Judge, FTC III, Munger in S.C. No. 668/2009, arising out of Bariarpur PS Case No. 26/2005, by which the petitioner filed under section 227 of the Code of Criminal Procedure has been rejected. Counsel for the petitioner submits that there is no eye witness to the occurrence, that no body has seen the petitioner with the deceased and that the evidence that has come in various paragraphs of the case diary are not sufficient to convict the petitioner for the alleged occurrence. These aspects of the matter and the evaluation of the evidence has to be considered at the time of the trial. As such I find no reason to interfere with the impugned order. This application is dismissed. haque (Sheema Ali Khan, J.)