IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2011 of 2010 ARJUN KEWAT, S/O Bundela Kewat & Gopal Kewat S/O Harinandan Kewat both are resident of Village and P.O.Bakra, P.S.Griyak, Distt-Nalanda Versus STATE OF BIHAR . ----------- 2. 19.01.2010 Heard learned counsel for the petitioners and learned counsel for the State. On behalf of the petitioners, Arjun Kewat and Gopal Kewat, it has been submitted that learned Court below has decided to issue summons against them also in a case under Section 302 and 201/34 of the IPC by mentioning in bald terms that the Court below finds sufficient material to proceed against them also, although police has not submitted charge sheet against them and has not sent them up for trial. In view of the aforesaid submission, the option before this Court is to call for the case diary and examine the same itself or to direct the Court below to look into the case diary carefully at the stage of framing the charge and consider the aforesaid plea of the petitioners at the stage of charge. In the facts of the case, it is deemed proper and just to dispose of this application with a direction to the Court below that if petitioners file an application for discharge at - 2 - appropriate stage then the Court below shall look into the case diary carefully and if it is found that there is no material in the case diary to proceed against the petitioners in that event, the Court below may pass orders for their discharge. perwez ( Shiva Kirti Singh, J. )