IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28770 of 2008 1) Ram Chandra Mahto, son of Late Ram Saran Mahto, village Belsandi Deeh, PS Bibhutipur, Dist. Samastipur. 2) Ram Binod Singh, son of Baleshwar Singh, village Bharpura Tola Chochahi, Ps Bibhutipur, District Samastipur – Petitioners. Vs. The State of Bihar. 2 21.6.2011 This application has been filed for quashing the order, dated 13.5.2008 passed by A.D.J., Rosera, Samastipur in S.T. No. 47/2002 by which the petition under section 227 Cr.P.C. has been rejected. The matter was earlier challenged before this court and this court observed that there does not appear to be enough material to pass an order against the petitioners. However, this court remanded the matter for reconsideration. On reconsideration the impugned order has been passed in which it is said that there is sufficient material in the case diary at paragraphs 7 to 13 which would indicate that petitioners were involved in the said occurrence under sections 302/34 of the Penal code. The ground for challenge is that earlier the police had submitted final report stating that the case was a mistake of fact. After further investigation again the police found the case to be a mistake of fact and submitted a final report. The Addl. Chief Judicial Magistrate, Rosera disagreed with the final report and took cognizance in this case. In the facts aforesaid since the court below has referred to certain paragraphs of the case diary to indicate the involvement of the petitioners in the occurrence, this court finds 2 no justification for interfering with the impugned order. This case is of the year 1997 and the matter has been stalled for one reason or the other. In the circumstances it would be proper that the trial should be expedited. This application is dismissed. Office is directed to send a copy of this order to the Sessions Judge, Samastipur to expedite the aforesaid sessions trial, if not already concluded. haque ( Sheema Ali Khan, J.)