IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53252 of 2007 SHAMBHU LAL SON OF GAYA LAL, VILLAGE LAUND, P.S. SIRDALA, DISTRICT NAWADA ….. PETITIONER. Versus 1. THE STATE OF BIHAR 2. BASANTI DEVI WIFE OF RAM BRIKSH CHOUDHARY, MEMBER, ZILA PARISHAD SIRDALA UTARI, VILLAGE TAKIYA, POST CHAUKE, P.S. SIRDALA, DISTRICT NAWADA …. OPPOSITE PARTIES. ----------- 3. 23.4.2010 The petitioner seeks quashing of the order dated 6.6.2007 passed by the Judicial Magistrate, 1st class, Nawada in case No. C25 of 2007 Trial No.1609 of 2007, by which the learned court below has dismissed the application of the petitioner u/s.205 Cr.P.C. and also the Revisional order dated 16.7.2007 of the Sessions Judge, Nawada by which he has dismissed the Criminal Revision No.66 of 2007 filed by the petitioner. On 13.1.2007 a complaint case was instituted against the present petitioner for offences u/ss.500, 506 of the I.P.C. and 3(XI) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The opposite party no.2 was noticed by an order dated 11.2.2009 and has appeared before this Court. It has been submitted by the Counsel for the petitioner that the petitioner has already appeared before the court below and has been granted bail considering the merits of the case. Now the present stage of the trial is that the witnesses are being examined before charge. The admitted - 2 - position is that the petitioner is in custody presently in another case and, therefore, it is undisputed that the trial is proceeding even in the absence of the petitioner pressing Section 317 Cr.P.C. into service. In view of such, I find no justification to interefere in the orders impugned. For this reason, this application is disposed off. It is unnecessary to add that the court below will consider the physical appearance of the petitioner only when required. Narendra/ ( Anjana Prakash, J. )