IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.33845 OF 2008 BHAIRAW MISHRA & ORS VERSUS STATE OF BIHAR ******** 2 08/07/2011 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. Counsel for the petitioners submits that in fact the Court which had taken cognizance did not have the power to do so in view of the provisions of Section 172 of the Code of Criminal Procedure. The present position is that the trial has commenced and the prosecution has examined all but two of its witnesses. In the circumstances, it would be proper for the petitioners to raise this issued before the Trial Court. This application is disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J.)