IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7312 of 2004 GHANSHYAM CHOUDHARY, SON OF LATE CHANDRIKA CHOUDHARY, RESIDENT OF MOHALLA SIR GANESH DUTTNAGAR, CHAINPUR NEW COLONY, P.O. DAMODARPUR, P.S. KANTI, DISTRICT- MUZAFFARPUR. …………………………………………………………………….PETIITONER. Versus 1. THE STATE OF BIHAR. 2. ARJUN SHARMA, SON OF RAJNANDAN SHARMA, RESIDENT OF VILLAGE CHAINPUR, NEW COLONY, P.O. DAMODARPUR, P.S. KANTI, DISTRICT-MUZAFFARPUR. ……………………………………………………...OPPOSITE PARTIES. ----------- 15. 26.2.2009. When the case is called out today time is sought for by the learned counsel for the petitioners in the presence of Dr. Mayanand Jha, A.P.P. Time had also been sought for on 24.2.2009. However, there is no necessity of granting any adjournment in this case for the following reasons: The petitioner has questioned the propriety and validity of the order dated 10.10.2003 passed in Complaint Case No.1326 of 2003 whereby Sri Gajendra Prasad, the then Chief Judicial Magistrate, Muzaffarpur, had taken cognizance. That apart, a further prayer has been made for the quashing of the entire criminal proceedings. However, it is apparent from perusal of paragraph-5 of the counter affidavit filed by O.P. No.2, the complainant , that charges in this case have already been framed as far back as on 24.1.2005 and suppressing this fact the stay was obtained from this Court by the petitioners vide order dated 1.12.2005. - 2 - Be that as it may, since charges have already been framed in this case, there is no point in answering the question regarding the validity or propriety of the impugned order dated 10.10.2003. In that view of the matter, the application has become infructuous and is hereby dismissed. P.S. (Abhijit Sinha,J)