IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41709 of 2010 SHAMBHU SINGH Versus STATE OF BIHAR ----------- 2/ 14.1.2011 Heard counsel for the parties. While framing charges on 8.4.2009 in Trial No. 3012 of 2009 arising out of G.R. No. 1637 of 2007, Sri P.C. Verma, Judicial Magistrate, Bettiah, West Champaran was proceeding the trial also for the offences under sections 384, 420, 353, 504 and 506 of the IPC. Grievance of the petitioner is that offences under those section of the Code were not made out from the facts of the case. Contention was that the contents of the case diary be looked into. Framing of charge and adding some charges which may be superfluous, may not be a matter which could prejudicially affect the trial of an accused. The real occasion comes when the court is called upon to marshal the facts by considering the evidence and to record its finding as to what charges have been proved by evidence. I trust that the learned magistrate who delivers the judgment in the above noted case is never influenced or prejudiced by the fact that the petitioner has also been charged for any particular offence, be it sections 384 of 420 of the IPC and shall proceed to marshal the evidence of the case to be produced before 2 him during trial and record a finding on constitution of offence strictly on that basis. I believe that the petitioner shall get a fair trial and a fair order on conclusion of it. The petition stands disposed of with the aforementioned observations. Anil/ ( Dharnidhar Jha, J.)