IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41352 of 2009 NARAYAN SAH, son of Late Laljee Sah, village Khagaha, PS Mirganj, district Purnea. Versus THE STATE OF BIHAR ----------- 3 29.1.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the entire criminal proceeding arising out of Dhamdaha (Mirganj) PS Case No. 189/1993 instituted under sections 25(1-A)/26-B of the Penal Code. Recovery was made from one Murli Sah @ Chengu Sah and a case was instituted. During investigation it transpired that the petitioner who was the uncle of aforesaid Murli Sah had planted the weapons in the house of Murli. On the basis of the aforesaid findings of Dy. Supdt. Of Police, the petitioner was made accused in the case and Murli Sah was exonerated. The trial has began. Six witnesses have been examined. It is submitted that there is no material against the petitioner. A petition has been filed under section 319 of the Cr.P.C. to call upon Murli Sah to face trial Learned counsel for the petitioner submits that the petitioner is facing criminal prosecution for no fault on his part for the past seventeen years and he is an old man of 65 years of age. It is submitted that due the land dispute and ill feeling between the two families, the petitioner has been made accused only on the basis of the secret information. 2 At this stage this court cannot quash the entire criminal proceeding as the trial is pending. However, the Judicial Magistrate, Ist Class, Purnea is directed to conclude the G.R. No. 2110/1993, arising out of Dhamdaha (Mirganj) PS Case No. 189/1993 within a period of three months. This application is disposed of with the aforesaid observations. haque (Sheema Ali Khan, J.)