IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1568 of 2007 MAHENDRA PRASAD BHAGAT SON OF BABAN BHAGAT, RESIDENT OF VILLAGE-JAMUNIA, P.S.- PARBATTA NAUGACHHIA, DISTRICT- BHAGALPUR. Versus 1. THE STATE OF BIHAR 2. UPENDRA BHAGAT SON OF BABAN BHAGAT. 3. UPENDRA SAH SON OF LATE GANESH SAH. 4. MANOJ SAH SON OF LATE BISWASHAR SAO. ALL RESIDENTS OF VILLAGE- JAMUNIA, P.S.- PARBATTA, NAUGACHHIA, DISTRICT- BHAGALPUR. For the petitioner : Mr. Ashok Kumar Verma, Advocate. ----------- 3 15.07.2010 Heard both sides. Petitioner, who is informant of the case, is aggrieved by the order dated 20.11.2007 passed by learned Judicial Magistrate, 1st Class, Naugachhia in G.R. case no. 270 of 1994 (State versus Upendra Bhagat). Petitioner’s own full brother is the accused. The allegation is with regard to committing theft of certain truck parts allegedly belonging to the informant. This allegation was levelled sometimes in the year 1994. The trial progressed. It appears that an application of similar nature was filed on behalf of the informant earlier which was allowed by the Court. The accused persons preferred an application before this Court i.e. Cr. Misc. no. 25047 of 2006 which was disposed of with a direction to permit the informant to be examined in this case within a certain period. Petitioner has not brought on record the aforesaid order of this court. This fact is, however, taken note of by the learned Magistrate in the impugned order. It appears that the court below was directed to dispose 2 of the trial expeditiously since the trial pertains to an occurrence allegedly committed in 1994. Learned trial court after having considered his application once again filed under Section 311 of the Cr.P.C. has rejected the same on these facts/grounds. This Court finds absolutely no infirmity in the order impugned. The application is devoid of merit. It is accordingly dismissed. pkj ( Kishore K. Mandal, J. )