IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14131 of 2008 SHEO PUJAN TIWARY, son of late Ghurlet Tiwary, resident of village- Belaon, P.S.-Belaon, District-Kaimur at Bhabua. ……..Petitioner Versus 1. The State of Bihar 2. Sobhnath Nonia, son of Banarsi Nonia 3. Madan Nonia 4. Dadan Nonia 5. Sardar Nonia 6. Anil @ Dara Nonia, all sons of Sobhnath Nonia 7. Vindhyachal Nonia, son of Sitaram Nonia 8. Sudama Nonia, son of Sheo Bachan Nonia, all resident of village- Belaon, P.S.-Belaon, District-Kaimur at Bhabua. ………Opposite Parties ----------- 02. 10.12.2010 The petitioner has challenged the order dated 30.01.2008 passed by learned Additional Sessions Judge, F.T.C., IV, Kaimur at Bhabua in Cr. Revision No. 60 of 2007/24 of 2007, whereby learned Sessions Judge has discharged the accused persons on the ground that charges were framed under Sections 323 and 379 of the I.P.C., in spite of fact that complainant and others were not examined under Section 244 of the Cr.P.C. and learned Trial Court ignored the petition of the accused persons dated 15.06.2006 for discharge. The complainant, in spite of being given ample opportunities to the extent of eight adjournments did not appear to be examined under Section 244 of the Cr.P.C. Subsequently the Trial Court on 20.12.2006 framed charges without hearing 2 counsel for the complainant though subsequently learned Court below, on 22.01.2007, examined two witnesses under Section 246 of Cr.P.C. It appears from the impugned order that after giving eight opportunities to the complainant, the evidence was closed, hence it appears that learned Magistrate framed the charges without any evidence on record. In view of the aforesaid facts, I find no illegality in the impugned order, the application stands dismissed. Shageer (Dinesh Kumar Singh, J.)