IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1909 of 2009 Akhilesh Thakur son of Shiv Shankar Thakur, resident of village-Pojhia, Police Station- Lalganj, District Vaishali. ….Petitioner. Versus State Of Bihar …..Opposite Party. ---------------------------------- 2. 14.12.2011 The accused-petitioner has preferred this revision application against the order dated 12.11.2009 passed by learned Additional Sessions Judge IInd, Vaishali at Hajipur, in Sessions Trial No. 112 of 2009 by which the petition dated 14.10.2009 field on behalf of the petitioner under Section 227 Cr. P.C. has been dismissed. The contention of the learned counsel for the petitioner is that even though the doctor has not found any sign of rape and there is delay in lodging the First Information Report after investigation the charge-sheet was submitted under Section 354 of the Indian Penal Code and no case is made out under Section 376 of the Indian Penal Code, the impugned order has been passed. The learned counsel for the State submits that the learned Chief Judicial Magistrate, has considered the evidence in the case diary and took cognizance under Section 376 of the Indian Penal Code and the case was committed to the Court of Session. During the hearing of 2 the petition under Section 227 of the Cr. P.C., the learned Additional Sessions Judge, has found sufficient material in the case diary to show that there prima facie case for charge under Section 376 of the Indian Penal Code against the petitioner. After hearing the learned counsel for both the parties and on perusal of the impugned order it appears that the contention of the learned counsel for the State is correct. The trial Court has considered the material in the case diary and has found that there is sufficient material to proceed with the case and to frame charge under Section 376 of the Indian Penal Code against the petitioner. Considering the substance, I do not find any ground to interfere with the impugned order. This petitioner is dismissed. Saif/- (Amaresh Kumar Lal, J.)