IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1050 of 2008 DEVANAND SHRIVASTAVA @ DEVANAND KUMAR, SON OF SRI ARJUN PD. SHRIVASTAVA, RESIDENT OF VILLAGE MADHOPUR (BELTHAN), P.S. BAKHTIYARPUR, DISTRICT PATNA. ---- PETITIONER Versus THE STATE OF BIHAR THROUGH SUPERINTENDENT OF RAILWAY POLICE, KATIHAR. ---- OPPOSITE PARTY ----------- 6 7.4.2010 Heard the parties. This application has been filed for quashing of the order of discharge dated 25.1.2007, passed by the Railway Judicial Magistrate, Barauni in Barauni G.R. P.S. Case No. 60 of 2004, G.R. No. 74 of 2004. Three years have elapsed since the order has been passed, it is expected that the case must have been disposed of by now. Learned counsel for the petitioner submits that there is no material against the petitioner. He has not been identified in the T.I. parade and there is no clue as to how he was involved in the occurrence. It appears that the petitioner was remanded in another case and on production of warrant from Beur jail his name figured in this case. The Court has relied on paragraph 50 of the case diary which is the confessional statement of the petitioner and has thus framed charges against the petitioner. It is submitted that the statement in paragraph 50 of the case diary is not sufficient to proceed in the matter as there is no likelihood of conviction on the basis of the aforesaid statement. These facts will be examined by the Trial Court, if the trial has not been concluded, it should be concluded expeditiously 2 preferably within a period of six months. This application is disposed of with the aforesaid observation. Sanjay (Sheema Ali Khan, J.)