IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22909 of 2007 MEWALAL SHARMA, son of Ramnath Sharma, R/0 Mohalla Sikta Bazar, P.S. Sikita, District – West Champaran …. Petitioner Versus 1. THE STATE OF BIHAR 2. Smt. Bhagrathi Devi, W/o Late Ramjee Choudhary, R/o Mohalla Sikta Bazar, P.S. Sikta, District – West Champaran …. Opp. Parties For the petitioner : M/s Ajay Kumar Thakur & Ravi Ranajan, Advocates. For the State : Mr. Jharkhandi Upadhaya, A.P.P. For O.P. No. 2 : Mr. Lalan Kumar Verma, Advocate ----------- 4 16.10.2008 Heard learned counsel for the petitioner, the learned counsel for O.P. No. 2(complainant) and the learned A.P.P. for the State. By this application the petitioner has prayed for quashing of the order dated 20.3.2005 / 21.3.2005 passed by the learned Judicial Magistrate, West Champaran at Bettiah in Complaint Case No. 2653C of 2004, whereby cognizance has been taken for offences under sections 3(1) (x) and 3 (1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. At the very out set the learned counsel for O.P. No. 2 has raised the preliminary objection on the prayer of this application not being maintainable since charges have already been framed and evidence of two of the prosecution witnesses have been recorded. The learned counsel for the petitioner is not in a position to dispute the objections raised by the learned counsel for O.P. No. 2 as he is armed with the certified copy of the order framing charge as also deposition of the two prosecution witnesses. - 2 - Since the trial has already started, this application has become infructuous and is dismissed as such. Spd/- (Abhijit Sinha, J.)