IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32540 of 2008 1. Tanvir Azam @ Tanvir Alam @ Tanu, Son of Late Md. Azam. 2. Mqsud Alam, Son of Matin Main Both are residents of village Wazidpur, PS & District Shaikhpura ---- Petitioners Versus 1. The State Of Bihar. 2. Mosmat Siya Devi, Wife of Late Sita Ram Paswan, Resident of village Dharampur, P.O. + P.S & District Shaikhpura ----- Opposite Parties. For the Petitioners: Mr. S.S.P. Yadav, Advocate For O.P. No. 2 : Mr. Anjani Prasad Sinha, Advocate For the State : Mr. D. Nandan, A.P.P. ----------- 2 4.7.2011 Heard the parties. The petitioners are aggrieved by the order dated 31.5.2008 passed in Cr. Revision No. 209 of 2007 and order dated 31.8.2007 passed in Case No. 392 of 2005. A case was instituted under Sections 343, 323, 504 and 307/34 of the Indian Penal Code and 27 of the Arms Act. The police submitted final form in the matter. Nevertheless cognizance has been taken on the basis of protest. During pendency of the case a compromise petition was filed by the parties, which was later denied by the informant. The petitioners filed an application under Section 256(1) and the informant’s son also filed an application under Section 256 of the Code of Criminal Procedure. The petition filed on behalf of the petitioners was rejected and they were not discharged for the offences alleged. The main issue raised on behalf of the petitioners is that the Court should pass order on the petition filed by the informant’s party as well. In the opinion of this Court, once the 2 Court has refused to discharge the petitioners, the case has to proceed in accordance with law and, therefore, it cannot be said that the orders are illegal. The petitioners have already filed two criminal revisions, challenging the order refusing to discharge them, also challenging the action of the informant in prosecution of the case. Obviously the Court below while considering the evidence and merits of the case, will take into consideration all facts that the petitioners have raised in this Court, or may raise on the basis of the evidence that transpires during trial. This application is thus, dismissed. Sanjay ( Sheema Ali Khan, J.)