IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39689 of 2009 1. SUNIL YADAV @SUNIL KR. YADAV S/O BACHAN BIHARI YADAV R/OVILL &P.O. PIDIYA, P.S.&DISTT- BUXAR 2. SAROJ YADAV @SAROJ KR. YADAV S/O BACHAN BIHARI YADAV R/OVILL &P.O. PIDIYA, P.S.&DISTT- BUXAR 3. NARSINGH YADAV S/O LATE DADAN YADAV R/OVILL &P.O. PIDIYA, P.S.&DISTT- BUXAR 4. AJAY YADAV @ AJAY KUMAR YADAV S/O RAMGANESH YADAV R/OVILL &P.O. PIDIYA, P.S.&DISTT- BUXAR 5. SURAJ YADAV @ SURAJ KR. YADAV S/O RAMSUCHIT YADAV R/OVILL &P.O. PIDIYA, P.S.&DISTT- BUXAR 6. SHIVAJI YADAV S/O RAMJI YADAV R/OVILL &P.O. PIDIYA, P.S.&DISTT- BUXAR 7. SANTOSH YADAV @SANTOSH KUMAR S/O SHIVDHANI YADAV R/OVILL &P.O. PIDIYA, P.S.&DISTT- BUXAR 8. BRAJESH YADAV S/O SHIVDHANI YADAV R/OVILL &P.O. PIDIYA, P.S.&DISTT- BUXAR 9. NANDJI YADAV S/O LATE RAMKUNWAR YADAV R/OVILL &P.O. PIDIYA, P.S.&DISTT- BUXAR 10. ASHOK YADAV S/O LATE BHUNESHWARI YADAV R/OVILL &P.O. PIDIYA, P.S.&DISTT- BUXAR 11. RAMBYAS SINGH S/O LATE BHAGAN SINGH YADAV R/OVILL &P.O. PIDIYA, P.S.&DISTT- BUXAR 12. SHIVDHANI SINGH @ SHIVDHANI YADAV S/O LATE SABARU SINGH R/OVILL &P.O. PIDIYA, P.S.&DISTT- BUXAR 13. BRIJ YADAV @BIRJA SINGH S/O LATE TARKESHWAR YADAV R/OVILL BADAKA DIYA, P.S.KRISHNA BRAHAM, DISTT- BUXAR 14. SUBHASH YADAV S/O BRIJ YADAV R/OVILL BADAKA DIYA, P.S.KRISHNA BRAHAM, DISTT- BUXAR Versus 1. THE STATE OF BIHAR ----------- 2 19.1.2010 This application has been filed against the order dated 18.9.2009 passed by the Additional Sessions Judge, Fast Track Court No. V, Buxar in Sessions Trial No. 130 of 2009 by which charges have been framed against the petitioners. The ground for filing this application is that it is submitted that except for Narsingh Yadav and Sunil Yadav, there is no overt act against other persons named in the First Information Report. It appears that the petitioners have not taken steps for filing an application for discharge. As per the First Information Report it appears that most of the petitioners were members of the mob whereas two of them were involved in encouraging petitioner nos. 1 and 3 to open fire. 2 Considering the allegations in the First Information Report, I do not think that this is the proper stage in which this Court can interfere and quash the proceedings against the petitioners. This application is dismissed. Sanjay (Sheema Ali Khan, J.)