IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39064 of 2009 BIRENDRA YADAV, SON OF BILASH YADAV, RESIDENT OF VILLAGE NADRA, P.S. KHIJARSARAI, DISTRICT GAYA. ----- PETITIONER Versus 1. THE STATE OF BIHAR 2. SHEODATT KUMAR DEO, SON OF LATE RAJENDRA YADAV, RESIDENT OF VILLAGE NADRA, P.S. KHIJARSARAI, DISTRICT GAYA. ----- OPPOSITE PARTY ----------- 2 9.12.2009 Heard the parties. The petitioner has challenged the order taking cognizance dated 16.10.2008 passed by the Court of the Chief Judicial Magistrate, Gaya in G.R. Case No. 112 of 1999/Trial No. 1176 of 2009 for an offence which took place in the year 1999. Apparently the mater was sent for investigation before the C.I.D. and it has been reported that the case was true but the accused persons have been wrongly named in the case. After nine years the matter went to the police and the police submitted charge sheet against the petitioner. Learned counsel for the petitioner submits that there was no occasion for the case to go to the police once the investigation was closed by the C.I.D. It is further submitted that the informant has admitted and filed an application before the investigating agency that this petitioner was not present at the time of the occurrence and he has been wrongly dragged in this case. All these aspects of the matter can be considered by the Court during the appropriate stage. Considering the fact that the occurrence took placed in the year 1999 and the matter has been pending for a 2 long time, the Court should take steps to commit this case and expedite the trial. Of course, the petitioner can also raise all issues raised here at the time of framing of charge. This application is disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)