IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.17607 of 2009 RAJENDRA PRASAD SON OF LATE-RAMCHANDRA PRASAD, R/O VILLAGE- DILAWAR PUR, P.S.-BIHTA, DISTRICT PATNA Versus 1. THE STATE OF BIHAR 2. SHRI RAMASHRAY PRASAD SINGH, EX MEMBER OF PARLIAMENT JAHANABAD KAKO ROAD, JAHANABAD DISTRICT JAHANABAD. ----------- /2/ 26.11.2010 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State. This is an application under Section 482 of Criminal Procedure Code seeking quashing of order dated 01.04.2009 passed in G.R. Case no. 1268/2000 and Trial No. 11/2008 by 1st Additional Sessions Judge (Special Judge), Jahanabad, refusing prayer of the petitioner made under Section 239 of Criminal Procedure Code. It is submitted that till today trial has not commenced. From the impugned order it does not appear that for what offences trial Court intends to proceed with the trial after framing charges against the petitioner, it needs 2 reconsideration. The trial Court shall, on receipt of copy of this order provide an opportunity to the petitioner to place all his points. The fact that petitioner has already superannuated from service in the year 2004 in view of a decision of Supreme Court in a case of “George Pentiah V. State of A.P.” reported in 2008 (12) SCC 531 besides other points regarding enquiry report of Rural Commissioner etc, and pass appropriate order thereafter. If, at all, there is any material to proceed with the trial at the time of passing such orders the trial Court must indicate nature of offences and then to proceed with the trial. With above observations this application stands disposed of. Safik (Akhilesh Chandra, J.)