IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35802 of 2007 SURAJ SINGH @ SURAJ BHAN SINGH, S/o late Ram Nandan Singh, R/o of Mokamah Shankarwar Tola, P.S. Mokamah, District Patna. ….. Petitioner Versus STATE OF BIHAR ….. Opp. Party ----------- 6 27.11.2008 Heard Mr. Ajai Kumar Thakur, learned counsel for the petitioner and Mr. Someshwar Dayal, learned Special P.P. for the State. Through this application the petitioner has prayed for quashing of order dated 14.3.2007 passed by the learned Presiding Judge, Fast Track Court No. III, Begusarai, in Sessions Trial No. 142 of 1995 by which learned Judge has rejected the application of the petitioner for discharging him from the said case. Opposing the prayer the learned Special P.P. has submitted that charges have already been framed in the case against the petitioner and as many as 7 prosecution witnesses have already been examined and in that view of the matter this application has become infructuous. Mr. Thakur on the other hand submitted that he was liable to raise the issue at this point since the sanction order in respect of prosecution under the Arms Act and the Explosive Substance Act has not been obtained by the prosecution . This submission was also sought to be objected to by the learned Spl. P.P. Mr. Dayal submit that in prosecution under section 27 and 35 of the Arms Act no sanction is required. This is point for submission in the trial and I express no opinion about it . - 2 - In response to the objection Mr. Thakur has drawn my attention to Annexure 6 appended to this application which is the information given by the concerned Court in the information slip filed by him which indicates that the sanction order was not in respect of the this petitioner but the others. Be that as it may since charges have already been framed and prosecution witnesses have been examined and in the event sanction in respect of this petitioner has not been obtained with regard to the prosecution under the Arms Act and the Explosive Substance Act it goes without saying that in the absence of such sanction the charges thereunder may be liable to fail but as no sanction order is required for the prosecution for offences under the Penal Code the trial can proceed. In that view of the matter I find no merit in this application which is dismissed. Spd/- (Abhijit Sinha, J.)