IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14062 of 2008 MD. FAZAL & ORS Versus STATE OF BIHAR ----------- 02. 30.11.2010 The petitioner has challenged the order dated 21.02.2008 passed in Sessions Trial No. 293 of 2004, whereby learned Additional Sessions Judge, Muzaffarpur has rejected the application for discharge under Section 227 Cr.P.C. on behalf of the petitioners. It is submitted by Mr. Vind Keshri Kumar, learned senior counsel that petitioners are police officials who were going to arrest the victim in a criminal case and while they were taking the victim the villagers assaulted the victim since the police officials were three in numbers and the villagers were around hundred. The petitioners thereafter took the victim to the hospital but he succumbed to the injuries. It is further submitted that petitioners also filed the case against the villagers being Kurhani P.S. Case No. 206 of 1993 under Sections 147, 148, 304, 332, 353, 225 of the I.P.C. It is also submitted that the witnesses examined, in pursuance to the complaint contained in Annexure-1, also supported this fact that assault was made by the villagers. Subsequently the cognizance was taken in the matter and the said order came to be challenged before the Apex - 2 - Court where it was observed to raise all the contentions at the time of framing of charge. Hence it is submitted that it is the appropriate stage when the claim of these petitioners should be examined by this Court. It is submitted by learned counsel for the informant that after passing of the impugned order the charges have been framed and now six witnesses out of fourteen chargesheeted witnesses have already been examined. In view of the advance stage of trial, I am not inclined to interfere in the matter. However, it is expected that learned Trial Court will consider the contentions of the petitioners in view of the case lodged on behalf of the petitioners and the other materials on record. With the aforesaid observations, the application stands disposed off. Shageer (Dinesh Kumar Singh, J)