IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10883 of 2011 CHANDRAKANT JHA, S/O Late Dukhmochan Jha, R/O Village- Maharajpur, P.S.-Khajauli, District- Madhubani. ……Petitioner. Versus 1. THE STATE OF BIHAR. 2. Mahanand Kunwar. 3. Gunanand Kunwar, Both sons of Umashankar Kunwar. 4. Sumanji Kunwar. 5. Ramanji Kunwar, Both sons of Gunanand Kunwar. 6. Diwakar Kunwar, S/O Mahanand Kunwar. 7. Suryakant Kunwar, S/O Raju Kunwar. 8. Shashi Kant Jha, S/O Dukhmochan Jha. 9. Mithilesh Jha @ Pappu Jha, S/O Shashi Kant Jha. 10. Meena Devi, W/O Shashi Kant Jha. All R/O Village- Maharajpur, P.S. Khajauli, District- Madhubani. ……Opposite Parties. ----------- 2 30.03.2011 Heard learned counsel for the petitioner and for the State. This is an application seeking quashing of Order dated 11.03.2011 passed by the learned Sessions Judge, Madhubani in Criminal Revision No. 147 of 2011 confirming the order dated 24.02.2011 passed by the Judicial Magistrate, Ist class, Madhubani in G.R. Case No. 1790 of 2000/ T.R. No. 2391 of 2011 arising out of Khajauli P.S. Case No. 131 of 2000 refusing the prayer to the petitioner made under Section 323 of the Criminal Procedure Code. It is submitted that before the court below after - 2 - recording the evidence of five witnesses, an application under Section 319 of the Criminal Procedure Code was filed and few more accused persons have already been summoned and matter is pending for hearing on charge against those newly added persons. It is also submitted that materials available on record are sufficient for framing of the charge against the accused persons (original or newly added) for the offence under Section 307 of the Indian Penal Code. In case the court below on proper consideration of materials available arrives at the conclusion that materials indicate commission of grave offence. It may exercise due jurisdiction provided under law even suo motu at any appropriate stage including hearing on charge. With these observations this application stands disposed of. Bhardwaj/ (Akhilesh Chandra, J.)